FRAC UTOO VS DICKSON: Read What Transpired In Court Today Regarding Their APC Pre-Election Matter
By Asom D
Franc Fagah Utoo v APC & 2 Others was, today, entertained by the Court of Appeal, Abuja.
It was the argument of the Appealant (Franc Utoo )that he won the APC Primaries for Makurdi/Guma House of Reps held on 7th December, 2014. That only him and one Terhide Utaan contested. And the whole report of the Primaries was presented by INEC (the 3rd Respondent) in the lower court. The report of the APC National Assembly Appeal Committee also captured the same content and substance of the INEC Report. But surprisingly, the trial court failed to give probative value to the two exhibits and gave judgment to the APC who insisted that the primaries was contested by four aspirants: Terfa Bulaun, Dickson Tarkighir, Utaan and Franc Utoo with Bulaun Terfa as the winner. And that he later withdrew for the next person with the highest votes, Tarkighir.
The APC is still canvassing this argument at the Court of Appeal and also questioning the jurisdiction of the trial court to entertained the suit.
The 2nd respondent, Tarkighir, through his lawyer argued that he relied on the argument and submissions of the APC and also filed a sister appeal touching on the jurisdiction of the court and some other applications earlier dismissed.
INEC was not represented because her report of the primaries was already certified and presented before the trial court. It was the report of INEC that only 2 aspirants contested the APC Primaries for Makurdi/Guma with the votes as follows: Franc Fagah Utoo 295, Hon. Terhide Conrad Utaan 279.
After argument and submissions and adoption, the Presiding Justice of the 3 man panel reserved judgment to a soon to be announced date.