‘We’d Have Appealed Falgore’s Case if There’s Further Room to Appeal’
The sacked Peoples Democratic Party’s (PDP) member of Kano State House of Assembly, Jibril Isa Falgore has hinted that he regretted that the Court of Appeal was the court of last resort in election petitions concerning state assemblies.
The leader of his legal team, Ibrahim Garba Waru, told Nigerian Sketch that as a lawyer, he had to critically analyse every court decisions to know if there were areas of contention.
“That is how every good lawyer reaches the conclusion whether or not the decision should be appealed. Then we advise our clients appropriately.
“In this case, I have analysed the judgement of the Kano division of Court of Appeal, and I must tell you emphatically that if there was a room to appeal further, we shall go on appeal. There are sufficient grounds to appeal, I must say.”
Waru however said he had to take the judgement the way it came and hope that things get better as the judiciary continues to grow.
“Noone wins them all. You win some and you lose some. But every good lawyer wants to win squarely, and if you lose squarely, you go home feeling satisfied that it was a square legal engagement. Legal battles can be very interesting if you meet good generals in law and sort your contentions out with the arsenals of law, logic, advocacy and strong analytical capacity. That is my own way. That is my life.
‘We’d have appealed Falgore’s case if there’s further room to appeal. In any case, it’s over. We put in our best. Now, we have to move ahead”, Waru said.
The Kano division of the Court of Appeal on Monday removed Jibril Isa Falgore of PDP and returned Magaji Dahiru Zarewa of the All Progressive Congress (APC) as winner of the state House of Assembly rerun election to the Rogo constituency.
The Court of Appeal set aside the judgement of the Election Tribunal which gave Falgore the seat in the first place, saying Zarewa was validly elected.
The Tribunal had earlier on July 24, 2020 upturned Zarewa’s victory at polls, basing its judgment on its conviction that he did not comply with the requirement of the law that demanded that he resigns from his position as the managing director of Kano Drugs and Consumables Supply Agency 30 days before the rerun election. It said he did not give adequate notice as the law requires.
Based on the principles laid down in the case of Marafa, he was adjudged not to have qualified for the election, and therefore all the votes cast for APC were declared wasted.
Jibril Isa Falgore of the PDP was therefore declared winner and returned as elected by the Election Tribunal.
Zarewa, through his lawyers, filed a notice of appeal at the Kano division of the Court of Appeal, consequent upon which the court agreed that he validly resigned in accordance with the law, and the court set aside the verdict of the Tribunal and returned him as the validly elected member of the Kano State House of Assembly.