The Court APPEAL Abuja judicial Division today allowed the appea of Engr Musa Atayi Wada and the Peoples Democratic party against the ruling of Kogi state Governorship Tribunal sitting in Abuja. In Appeal NO: CA/A/ EPT/162/2020 BETWEEN WADA & ANOR vs. INEC & 2 ORS* which came up today 19th March 2020
for Judgement before the Court of Appeal Abuja, the appeal was allowed and the orders of the trial Tribunal that set aside the orders of inspection and forensic examination was set aside for being made without jurisdiction.
The Judgement was delivered by the Hon Justice Oyewole JCA and concurred by Hon Justices Yahaya and Hassan JJCA,
The appellate court took cognisance of the last paragraph of the Order for inspection purportedly set aside by the trial tribunal and held that; there was no Order to be set aside as the the Order was already executed with the full cooperation of the 1st Respondent in the Appeal, INEC. Therefore all arguments as to computation of time was merely academic.
Consequently the court became functus officio in respect of the order.
The court also held that jurisdiction being the lifeline of adjudication was foundational.
The Court of appeal therefore agreed that the appeal had merit and unanimously allowed the appealed. Mr Jibrin Samuel Okutepa SAN, Solomon Umoh SAN, Dr Paul C. Ananaba SAN, Prof Joash Ojo Amupitan SAN, A.A. Malik SAN and hosts of other lawyers represented Engr Musa wada and PDP in the appeal. It will be recalled that the trial Tribunal headed by Hon Justice Kaigama had in a ruling set aside by the court of Appeal set aside the orders for inspections and forensic examinations which order it made in favour of the petitioners on the 15th January 2020.
By the judgment of the Court of Appeal the petitioners can now use the report of inspection and forensic examinations of INEC documents in proof of their petition.