The Supreme Court, in a lead judgement by Justice
Musa Mohammed, read by Justice Chima Nweza,
set aside the decision of the Court of Appeal that
the court action instituted by Dahiru against Tambuwal had been overtaken by events on the strength of the election of the governor.
It stated that the appeal court erred in law by
holding that the event had overtaken the case
simply because the governorship election had been
conducted after the primary election.
The apex court therefore ordered a Federal High
Court in Abuja to retry the case on its merit and
make decision as demanded by law. On this score,
the Federal High Court will now determine the
matter on its merit as ordered by the Supreme
Dahiru had challenged the conduct of the primary
election that produced Tambuwal as the APC
flagbearer on the ground that it was fraught with
fraud because the original list of delegates for primary election was purportedly swap in favour of Tambuwal.
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