Barr Iliya Ibn Aliyu Appeals Judgment On Nassarawa Eggon APC Primaries

An aspirant in the July 5 2021 APC primary elections in Nassarawa Eggon Local Government Area of Nasarawa State, Barrister Iliya Ibn Aliyu has appealed the judgment of the Nasarawa State High Court of Justice sitting at Lafia.

In a suit filed at the Court of Appeal in Makurdi, Benue State with Suit Number: NSD/LF55C/2021, a copy of which was obtained by our correspondent, Barrister Iliya Ibn Aliyu complained about the whole judgement delivered by the Chief Judge of Nasarawa State, Hon. Justice Aisha B. Aliyu on October 8, 2021 and gave six grounds for appeal.

The grounds for appeal are that “The trial court erred in law when it did not evaluate the totality of the evidence led by the parties in arriving at its decision.

“The trial Court erred in law when it held that the Appellant had not exhausted the dispute resolution mechanism in the APC Constitution and Guidelines before approaching the Court for Redress.

“The trial court erred in law when it failed to make a pronouncement on the entirety of the Preliminary Objection raised rather it chose a point raised and determined the matter on it.

“The trial Court erred in law when it failed to deliver the Judgement in the case rather after hearing the matter it determined the suit on the strength of the preliminary objection raised only.

“The trial Court erred in law when it disregarded the Supreme Court decision in APC V Marafa (2020)6NWLR Pt. 1721Pg. 383 @ 401 R.5 LPELR42467 (SC)pages 18-23 on the right of an aggrieved party member to approach the Court for redress in a complaint on the conduct of the primary election of the party.

“The trial erred in law when it failed to render a decision on the issue raised challenging the depositions of the 1st and 2nd Objectors/ Respondents where in it was contended and copious argued by parties that the depositions were offensive to Section 115(1 &2) of the Evidence Act, 2011.”

Consequently, the appellant is seeking for “an order allowing the appeal and setting aside the judgment of the trial court delivered by Hon. Justice Aisha B. Aliyu (Chief Judge)on the 8th  day of October, 2021 in suit No. NSD/LF55C/2021 wherein the trial court struck out the case of the Plaintiff and held that the Plaintiff had not exhausted the internal dispute resolution mechanism in the party All Progressive Congress in line with the APC Constitution before coming Court to seek redress.”

Other reliefs sought by the appellant are: “An order entering judgment in favour of the Plaintiff/ Appellant by declaring that the All Progressive Congress did not hold any valid primaries in Nassarawa Eggon and the purported nomination of the 3rd Respondent by the 1st and 2nd Respondents is void.

“An order dismissing the Preliminary Objections of the 1st and 2nd Respondents and the 4th Respondent.”

Listed as respondents in the suit are the All Progressives Congress, Hon. John W.D. Mamman, Hon. Danlami Idris and the Nasarawa State Independent Electoral Commission (NASIEC) are listed as first, second, third and fourth respondents respectively.

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