johnaruson:
The Appeal Court’s judgment today in Zamfara State APC and INEC case in fielding candidates is not in favor of APC if examined:

* If a higher court set aside the judgment of a lower court. The parties maintain the status quo. Which in this case is INEC barred Zamfara State APC candidates from contesting this 2019 elections.
But in this case after the Appeal court welcomed the fact that INEC acted accordingly, that INEC was right to have delisted names of candidates APC presented for the elections, stating that the APC failed to conduct a valid primary within the period scheduled by the electoral body.
Appeal court said the high court lacks the jurisdiction because of expired time frame of legal action and nullified the judgment. That means the high court judgment doesn't exist, meaning that the status quo should be maintained.
If the high court that affirmed the decision of INEC lacks the jurisdiction to do so as said by appeal court. The parties should maintain the status quo. Which is: No Candidate for APC Zamfara State .
Picture this:
*INEC made a pronouncement that favored PDP and other parties.
*APC Sued INEC to high court to counter it and lost.
*APC appealed and got a ruling which questioned the jurisdiction and nullified the judgment of the High Court but praised INEC's initial actions.
* Common sense: The INEC delisting of APC candidates in Zamfara state still stand unshakable. [b]That is the status quo!
Read previous thread:
https://www.nairaland.com/5038510/court-appeal-clears-zamfara-apc

Johnnyessence:
Thanks for clarification here. Definitely Apc are not fielding candidates in Rivers and Zamfara state

kahal29:


M

Johnnyessence:
It is not yet Uhuru for the APC in Zamfara state. A closer look at the order given by the Court of Appeal reveals that the lower court does not have jurisdiction over the matter. Also, that the suit at the Federal High Court by APC National, was filled out of time and rendered it incompetent. The implication of this is that, the earlier decision of INEC not to field Zamfara APC candidates due to their inability to conduct primaries within the stipulated time and in accordance to the provisions of the electoral act remains sacrosanct. Hence no Zamfara APC candidates until a direct pronouncement to the contrary by a court.

Johnnyessence:
It is not yet Uhuru for the APC in Zamfara state. A closer look at the order given by the Court of Appeal reveals that the lower court does not have jurisdiction over the matter. Also, that the suit at the Federal High Court by APC National, was filled out of time and rendered it incompetent. The implication of this is that, the earlier decision of INEC not to field Zamfara APC candidates due to their inability to conduct primaries within the stipulated time and in accordance to the provisions of the electoral act remains sacrosanct. Hence no Zamfara APC candidates until a direct pronouncement to the contrary by a court.

johnaruson:
The Appeal was for a particular high court case not both of them, INEC OR PDP should take fiat for extension of time to appeal the other high court suite.

kahal29:



Have you seen the details of the full judgement cos if you have you won't be saying this....

kahal29:


The appeal court in delivering their judgement today referenced both orders emanating from the two courts

johnaruson:
The Appeal was for one high court suite not both of them. INEC PDP or other parties can appeal the remaining high court judgment and also appeal the Appeal Court’s ruling to Supreme Court.

kahal29:


Let me educate you....

1. The High Court in Zamfara gave a judgment, ordering INEC to reverse its decision to ban APC from fielding its candidates.

2. However, a Federal High Court in Abuja same day ordered INEC not to enroll the APC candidates.

3. INEC choose to obey the Abuja high court judgment.

4. It's that Abuja high judgment that the Appeal Court set aside today.

5. In setting aside the Abuja judgment, the appeal court gave two major reasons......First they said the Abuja suit was filled out of time, the same reason that killed the chances of APC in Rivers. Second, they said the Abuja suit was an abuse of court process that it should not have been entertained in first place since a similar suit was already subsisting in Zamfara State high Court....

6. Thus from the forgoing, the only remaining judgement is the Zamfara court judgment that asked INEC to allow APC Zamfara to field its candidate. So, the APC Zamfara candidates are cleared now for the elections.


Hope you're clear now

johnaruson:
It is illegal to do so without a special court papers to join the two cases in one appeal. So the reference isn't binding. Because the Appeal was for one case not both. And can still be appealed to Supreme Court.

kahal29:


They can't appeal the one of Zamfara state high court again because the 14 day rule for appeal for President election matters have passed.

johnaruson:
An appeal must be on one case unless otherwise backed by a special court papers to join both or more. Which of the court cases was appealed?
Supreme Court will still hear the case as inec or other parties may appeal it.

johnaruson:

You can apply for fiat or a kind of extension of time to appeal a judgment.
Supreme Court is waiting.

kahal29:


You cannot because the Supreme Court in deciding the Rivers APC case last two weeks restated the current position of the law that you only have 14 days to appeal a pre election matter if not it becomes a mere academic exercise. Like you said if the time has elapsed you must get a fiat or permission to do that but how can you now remba to apply for the fiat now that it's over a month? What of Supreme Court?


Like Justice Amira of the Supreme Court said in the rivers case last week the matter has died a natural death you cannot resurrect it at the appeal the only thing left is for it to be given a decent burial

kahal29:



Have you seen the details of the full judgement cos if you have you won't be saying this....

gare:


Have you seen it yourself, if not you will not be asking

kahal29:


I have seen the snippets of the judgement and the orders are clear

gare:


So share the orders why hide it, if you have it share it here so we can compare if not I don't see Zamfara fielding candidates, people are here shouting Next level of and every of APC actions is taking us back to the 80s, Is that what you all want to for this country, arm twisting judges to get judgement, when it is evidently clear that zamfara APC erred seriously.

DMerciful:
Why luck just dey follow Atiku Aguero Abubakar like this?

gare:


So share the orders why hide it, if you have it share it here so we can compare if not I don't see Zamfara fielding candidates, people are here shouting Next level of and every of APC actions is taking us back to the 80s, Is that what you all want to for this country, arm twisting judges to get judgement, when it is evidently clear that zamfara APC erred seriously.

Parada:
Are you such a failure you can not source info readily available online or does he look like your Father to be spoon feeding your incompetence ?!

gare:


I already have but since he claims to have something different then he should prove the other is wrong, and mind you displaying your violent character here shows how pained you are, I I will subscribe some painkillers for your pains idiot

Parada:
I am not sorry if I don’t go soft on fools n idiots especially those of the cursed lost tribe from hell.