Ogona Anita
An Appeal court in Kano, presided over by Justice Mbaba, has suspended the order granted by the federal high court in Kano, which nullified the election of the Labour Party in the 36 states due to the late submission of the list of candidates to INEC.
The motion argued and ruling delivered today Saturday 27th May , 2023 by the Court of Appeal Kano Division in respect of motion for leave to appeal as an interested party against judgment of Kano Division of Federal High court delivered on 18th May 2023 in Suit No. FHC/KN/CS/107/2023Leave to appeal within 7 days, granted to Dr Alex Otti – LP Gov-Elect in Abia state against the judgment of Yunusa J the judgment also granted is an order for stay and suspension of the judgment of Yunusa J of Kano Division of Federal High court delivered on 18th May 2023 in Suit No. FHC/KN/CS/107/2023 pending the hearing and determination of the appeal for which leave has been granted.
Abia State Governor elect Alex Otti had filed to the appellate court as an interested party although he was not a party of the suit at the trial court. A 3 member panel lead by Justice Mbaba granted the order pending the hearing and determination of the motion. The court also ordered Mr Otti to sign an undertaken to pay the sum of N2million if the notice of appeal is not duly served at the federal high court, the sum of two million naira damages is in favour of each of the respondents in the event of failure by Appellant to file or diligently prosecute the appeal in terms of the proposed notice of appeal containing ten grounds in Exhibit AO4.
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