The Kano division of the Court of Appeal on Monday returned Magagi Dahiru Zarewa of the All Progressive Congress (APC) as winner of the state House of Assembly rerun election to the Rogo constituency.
The APC regained its seat at the state assembly, as the Court of Appeal set aside the judgement of the Election Tribunal, saying the lawmaker was validly elected.
Nigerian Sketch reports that the Tribunal had earlier on July 24, 2020 upturned his victory at polls, basing its judgment on its conviction that he did not comply with the requirement of the law that demanded that he resigns from his position as the managing director of Kano Drugs and Consumables Supply Agency 30 days before the rerun election. It said he did not give adequate notice as the law requires.
Based on the principles laid down in the case of Marafa, he was adjudged not to have qualified for the election, and therefore all the votes cast for APC were declared wasted.
Jibril Isa Falgore of the Peoples Democratic Party (PDP) was therefore declared winner and returned as elected by the Election Tribunal.
Ma’ruf Muhammad Yakasai, who spoke on behalf of the appellant’s legal team said they filed a notice of appeal at the Kano division of the Court of Appeal, consequent upon which the court agreed that the appellant validly resigned in accordance with the law, “and the court set aside the verdict of the Tribunal and returned the seat to him.”
Yakasai said the Court of Appeal judgement was sound as expected.
Counsel to the respondents, Ibrahim Garba Waru, was not available to comment on the judgement as of the time this story was published.