THE Court of Appeal in Abuja has elected Joshua, the son of Peoples Democratic Party (PDP) Professor Jerry Gana to the House of Representatives for the Lavun/Mokwa/Edati Federal Constituency in Niger State.
The appeal court overturned an earlier decision by the National and State Houses of Assembly Election Petitions Tribunal, issued on September 11, which declared Gana’s election invalid.
In its decision, the tribunal revoked Gana’s certificate of return issued by the Independent National Electoral Commission (INEC) and ordered supplementary elections in the Lavun/Mokwa/Edati Federal Constituency.
In a unanimous verdict, a three-member panel of the Court of Appeal backed the contention of Gana’s lawyer, Akinlolu Kehinde, that the tribunal erred in ruling in favor of Abdullahi Usman Gbatamagi and the All Progressives Congress (APC).
The Appellate Court ruled that Gbatamagi and the APC violated the mandatory provisions of Paragraph 4 (5) of the First Schedule to the Electoral Act 2022 by failing to file their witness written statement on oath within the time limit for filing the petition.
It further stated that the evidence of their first witness and all documents presented by him, which were relied on by the tribunal in ruling in favor of the first and second (Usman and the APC), were inadmissible.
Gana is the Deputy Chairman, of the House Committee on Power at the Federal House of Representatives.
The appellate court also found that the tribunal made a legal error when it determined that Gbatamagi and the APC provided adequate evidence to substantiate their petition.
The Court of Appeal determined that Gana’s appeal was meritorious and proceeded to allow it.
