The Peoples Democratic Party has approached the Supreme Court, praying the court to determine whether the Federal High Court sitting in Jalingo, Taraba State, has the power to upturn the judgment of the Apex Court in the suit filed by Senator Abubakar Danladi in 2021.

The Apex Court will also determine if the trial court erred in law when it set aside its earlier order in suit FHC/JAL/CS/1/2019 barring Danladi from participating in the election over alleged age falsification, an order that was affirmed by the Supreme Court.

Already, the Court of Appeal in Abuja on Monday upheld the verdict of the trial court, ruling that it had jurisdiction to set aside the judgment of superior courts if the same was not delivered on its merit and if such judgment was based on the statute of limitations.

Danaladi was sacked by the court three days to the 2019 general elections and stopped from parading himself as the candidate of the All Progressives Congress in a case filed by Usman Udi, Joshua Paaku, George Geoffrey, and Tanko Munkaila against Danladi, the APC and the Independent National Electoral Commission.

Dissatisfied by the judgment and realising it was an obstacle to his political future under Section 29(6) of the Electoral Act, 2022, Danladi, who appealed his disqualification up to the Supreme Court and lost, decided to file a fresh application before the High Court in Jalingo to nullify the 2019 judgment, and had his way.

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The fresh application, which was described as an affront to the rule of law, was challenged by the PDP on grounds that Danladi’s disqualification had been affirmed by the Supreme Court and so, the trial court no longer has jurisdiction to entertain a matter already decided by the Apex Court.

But the trial judge, Simon Amobeda, held that the court had jurisdiction to quash its earlier verdict based on supporting documents provided by Danladi which qualified him to participate in any election whatsoever.

Justice Amobeda cited cases such as Supreme Court Vs Dingyadi, INEC Vs Okoro Ugwuanyi, and Kogi State Vs INEC in delivering its ruling in the matter.

Armed with this victory, the APC again fielded Danladi as its candidate for the Taraba North Senatorial District in the forthcoming elections, a decision the PDP has challenged its legitimacy pursuant to Sections 285(14)C and 66 of the 1999 Constitution.

By Vision

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