For the second time in one month, the Supreme Court on Thursday dismissed another appeal filed by Senator Yusuf Abubakar challenging the nomination of Senator Emmanuel Bwacha as the governorship candidate of the All Progressives Congress, APC, for Taraba state.
The apex court threw out the fresh appeal based on its voluntary withdrawal by the appellant, Senator Yusuf Abubakar.
At Thursday’s proceedings, counsel to the appellant, Mr Sarafa Yusuff informed the apex court that the case of his client has become spent and mere academic exercise in view of the February 1, 2023 judgment of the court on the same matter.
The counsel specifically told a five-man panel of justices of the court, led by Justice John Okoro, that the reliefs being sought in the fresh matter had been granted in the February 1 judgment delivered by Justice Kudirat Kekere-Ekun.
He, thereafter, applied for withdrawal of his client’s case from being adjudicated upon.
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Based on no objection from other parties in the matter, Justice Okoro accordingly dismissed the case without any cost against the appellant.
The Supreme Court had on February 1, voided the APC primary election in Taraba State which produced Senator Emmanuel Bwacha as the party’s governorship candidate.
Senator Yusuf had challenged the judgment of the Court of Appeal which set aside the judgment of a Federal Court.
A Federal High Court, sitting in Abuja, had earlier nullified the APC primary election that produced Senator Bwacha for the 2023 general election.
Justice Obiora Egwuatu, in the judgment held that the submissions presented before him by the two parties in the legal tussle indicated that the governorship primary election of the party was a nullity having been conducted in violation of provisions of the law.
Aside from nullifying the primary election, the judge also ordered that a fresh primary election be conducted within 14 days of the judgment in line with the dictate of the law.
Not satisfied with Justice Egwuatu’s judgment, Bwacha, who is the incumbent senator representing Taraba South, appealed the judgment and won a favourable judgement as the gubernatorial candidate of APC for Taraba State in the March 11, 2023 elections.
The Supreme Court, however, in affirming the decision of the Federal High Court, Jalingo, set aside the judgment of the Court of Appeal, Yola Division, which had on November 24, 2022, reinstated Emmanuel Bwacha as the governorship candidate of the APC.
