The court of appeal sitting in Sokoto on Monday overturned the judgment delivered by the Zamfara high court, allowing the All Progressives Congress (APC) to field candidates in the 2019 election.
The appeal was filed by Kabiru Marafa, chairman of the senate committee on petroleum (downstream) and 129 others through Mike Ozheokome, a senior advocate of Nigeria (SAN).
Respondents are Kabiru Liman-Danalhaji and 139 others represented by Mahmud Magaji, SAN, as lead counsel.
Delivering the lead judgment, which was adopted by two other judges: Tijjani Abubakar and Jamilu Tukur, Tom Yakubu, held that the lower court failed in its duty to properly evaluate the evidence before it.
Yakubu said judges have the legal power to produce judgment and reach decisions with reason, noting that in the instance case it was not done.
“I am convinced that the lower Court has failed to evaluate the evidence before reaching the decision. The Appeal Court have power in law to access pieces of evidence on appeal, which we have done,” he held.