On January 6, 2023, the Court of Appeal, Sokoto Division, overturned the Federal High Court's decision to nullify Dauda Lawal-primary Dare's election as the Peoples Democratic Party (PDP) governorship candidate in Zamfara State.
The primary election was challenged in the Federal High Court in Gusau, the capital of Zamfara State, and a new primary election was ordered. Lawal-Dare won the re-run on September 23rd, 2022, but the election was also won by Lawal-Dare but the election was also quashed by the same court for irregularities.
The Appellants, Dauda Lawal-Dare, Adamu Maina-Waziri, the chairman PDP primary election committee and retired Col. Bala Mande approached Appeal Court for redress.
Respondents in the suit were Dr Ibrahim Shehu-Gusau, Alhaji Wadatau Madawaki, Hafiz Nahuche, and the Independent National Electoral Commission (INEC).
In a unanimous judgment read by Justice Abubakar Talba on behalf of others, Justice Talba said the Appellants have succeeded in proving all the seven grounds of appeals canvassed by the Counsels and all resolved in favour of the Appellants.
He dismissed all the preliminary objections on the competency of the appeal suit on the bases of judicial provisions and interest of fear hearing arguing that technical defaults could not supersede judicial provisions.
Justice Talba said the trial judge was wrong to discountenance documents submitted from INEC and that the trial court did not stipulate the period of conducting the re-run election and notices of participation.
He said the trial judge had failed in his legal responsibilities in judicial considerations, giving parties fear of hearing and others.