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By Dickson Gupiya
April 15, 2019
The Court of Appeal Jos division has on Monday afternoon, quashed the judgement of the Federal High Court against Ibrahim Baba Hassan.
It allowed the appeal of Rt. Hon. Ibrahim Baba Hassan, which sought for the setting aside of the judgement of trial court, that disqualified Hassan alleging that he forged a diploma certificate.
Hon. Justice Mudassiru Oniyangi, in a consensus judgment, said that the lower court presided over by Justice Musa Kurya, lack the jurisdiction to enter judgement on a 2015 pre-election suit.
The Court of Appeal said, the provision of section 285 (10), of the 1999 constitution, has declined jurisdiction of the High Court to heated and delivered judgement beyond 180 days.
"The matter has spent more than 3years as against 180 days, the judgement of the High Court was done without jurisdiction and therefore all written judgement was a nullity," justice Oniyangi ordered.
The Judge added that the grounds of appeal canvassed by the appellant pursuant to section 285, subsections (9),(10) & (12), have succeeded as the Court found merit in the appeal.
Justice Oniyangi said that going by the position of statute barred of the case at the lower court, holding that it amounted to waste of time for Court of Appeal to delved into other grounds of appeal as canvassed by the appellant further held thus;
"There is merit in the appeal, the High Court Judgement is hereby set aside," he ordered.
Mr. Abdul Sale had challenged the educational qualification of Hon. Ibrahim Baba Hassan, in a 2015 pre-election matter and it lingered at the Federal High Court, until February, 26, 2019 when it delivered judgment.
Speaking to African Drum after the judgment Hon. Baba Hassan commended the decision of the Appellant court and further commended the matured and civil attitude exhibited by his supporters throughout the period of the trial and further urged them to continue to maintain that attitude. He further re-iterated his desire to carry every body along as he has always do
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