The Court of Appeal Sokoto division has reserved judgment in the second appeal filed by Dauda Lawal challenging the judgment of the trial court in Gusau which nullified his election as the PDP Gubernatorial candidate.
Dauda Lawal whose legal team was led by D.D Dodo a Senior Advocate of Nigeria urged the Appellate Court to allow the appeal on the ground that, the trial judge has erred in law by issuing a consequential order disqualifying his client since the plaintiff has not prayed for it.
Dodo argued that it was wrong for the trial judge to disqualify his client from contesting the governorship election by issuing a consequential order relying on section 82(13) of the electoral act 2022 (as amended) hence, such prayer was not sought by the plaintiff in their originating summon.
He stated that issuing (21) day notice as provided for by the section 82(2) of the electoral act 2022 (as amended) may not be necessary, looking at the peculiar nature of the circumstance under which the new primary election was ordered.
At the end of his submission, The lead judge asks as Barr. Dodo “if refusal to issue (21) day notice as provided for by the electoral act 2022 (as amended), refusal to issue the (6) day notice as provided for by the electoral guidelines as well as other irregularities detected in the primary election should not result in the nullification of the PDP governorship primaries”?
But Dr. Ibrahim Shehu Gusau in his counterargument asked the Appellate Court to dismiss the appeal and affirmed the judgment of the trial court.
Shehu Gusau through his lead counsel YC Mai Kyau argued that if the appellant and the party have strictly applied the provision of Section 82(1) the matter would have not even been taken to the court.
Earlier D.D Dodo counsel to Dr. Dauda Lawal has too sought for the leave of the Appellate Court to withdraw the “Notice of Motion for Stay of Execution/Injunction Pending Appeal in appeal no: CA/S/180/2022 dated 18th of November 2022 and filed on the 23/11/2022 to allow for substantive appeal to be heard on its merit.
Lead Counsel to Dr. Ibrahim Shehu YC Mai Kyau, on the other hand, had to also apply and sought for the leave of the court to allow them withdrew their motion for extension of time and that of Preliminary Objection also for the substantive appeal to be heard.
At the end of the proceeding, the Court of Appeal judges reserved judgment on a date to be announced by the court later.