November 6, (THEWILL) – The Abuja Division of the Court of Appeal has declared Yusuf Umar Datti of the New Nigeria Peoples Party (NNP), as the duly elected member representing the Kura/Madobi/Garun Malam Federal Constituency of Kano State in the National Assembly.
A three-member panel of the court, led by Justice Tunde Oyebamiji Awotoye, in a judgement, on Monday, voided the judgement of the Kano State National/State Assembly Election Petition Tribunal, which nullified the victory of Datti.
The Tribunal had declared Musa Ilyasu Kwankwaso of the All Progressives Congress (APC), as the winner of the February 25 election for Kura/Madobi/Garun Malam Federal Constituency.
Declaring Datti’s appeal meritorious on Monday, Justice Awotoye held that Section 77 of the Electoral Act was improperly applied by the Tribunal.
The court held that the membership of a political party is an internal matter over which a court has no jurisdiction and that the tribunal erred in counting the date of the appellant’s resignation on the day of his party primary.
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