The Court ruled that the APC did not provide it with evidence within the time stipulated by the electoral act.

The Court of Appeal Abuja has upheld the election of Joshua Gana, the son of Jerry Gana, a former minister of Cooperation and Integrity in Africa under the Olusegun Obasanjo administration, às the validly elected representative of Lavun/Mokwa/Edati Federal Constituency Niger State, in the House of Representatives, Channels Television is reporting.

The appellate court set aside an earlier judgment of the National and State Houses of Assembly Election Petitions Tribunal, delivered on 11 September, which nullified Mr Gana's election.

In an unanimous decision, a three-member panel of the Court of Appeal upheld the argument of Mr Gana's lawyer, Akinlolu Kehinde, that the tribunal was wrong to have ruled in favour of the petition of Abdullahi Usman Gbatamagi and the All Progressives Congress (APC).

Mr Gana is a member of the Peoples Democratic Party (PDP).

The appellate court held that Mr Gbatamagi and the APC did not comply with the mandatory provisions of Paragraph 4 (5) of the 1st Schedule to the Electoral Act 2022 when they failed to file their witnesses written statement on oath within the time stipulated for filing the petition.

It added that the evidence of their first witness and all documents tendered by him were inadmissible.

The appellate court further held that the tribunal erred in law when it held that Mr Gbatamagi and the APC provided enough evidence to prove their petition.

The appeal court held that the appeal filed by Mr Gana, was meritorious and proceeded to allow it.