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Kano Court Judgement: Otti Wins As Supreme Court Voids Appeal, Awards N5m Cost | READ DETAILS

Faith Ukanwa

Nov 22, 2023

Kano Court Judgement: Otti Wins As Supreme Court Voids Appeal, Awards N5m Cost | READ DETAILS
The Supreme court of Nigeria has voided an appeal filed before it by one Mr Mohammed Kabiru Fadile contesting the decision of the appellate court which quashed the judgement of a trial court sitting in Kano state against Labour Party and their candidates in the concluded 2023 general election.

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The supreme court in it's ruling on November 21, frowned at the suit, describing it as "completely misplaced, mischievous, fraudulent and not deserving of any judicial attention".

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The apex court also awarded N5m cost against the appellant.

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At the commencement of proceeding, the court asked the Appellant to address the court as to the substance of the appeal and the reliefs sought. The court specifically inquired from him whether the appeal bothered on pre election or post election matter. However, the appellant's counsel insisted that the appeal was an election related matter.

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The appeal could not be heard at the instance of the appellant.

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The appeal was consequently dismissed after the court rebuked the lawyers to the Appellant and expressed disappointment at the SAN for allowing his junior to issue out "this kind of appeal against the Respondents".

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Reacting to the Supreme Court decision, the lead counsel to Governor Otti, Abiodun Owonikoko SAN, appealed to the court that beyond the cost awarded the apex court should make a consequential order barring impostors and political surrogates who have been flooding the court with frivolous appeal/application against Dr. Alex Otti, ever since he emerged as the Abia State governor.

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Fadile had appealed the October 20 judgement of the Kano state appeal court, arguing that the court lacks the jurisdiction to hear and determine the appeal and delivery of it's judgement when it set aside the decision of the trial court (Kano high court) which voided the primary election of the Labour party in kano and other states including Abia.

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Recall that one Haruna Ibrahim Haruna had approached a Federal High Court sitting in Kano state, seeking the disqualification of all Labour party candidates including Alex Otti on the grounds that their nomination was not in accordance with the provisions of the electoral act as amended.

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Justice M. N. Yunusa had granted the prayers sought by Haruna in the Suit marked; (FHC/KN/CS/107/2023), however, an appellate court in the state, upturned the ruling.

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SEE COURT DOCUMENT BELOW:

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CamScanner 11-13-2023 16.50 (1)

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— Faith Ukanwa

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