Abacha had approached the Supreme Court asking it to stay the order of the lower court.
Delivering judgment in an appeal filed by Brigadier General Lawal Isah (rtd), the Appeal Court had, on Wednesday, set aside the judgment of Justice Gabriel Kolawole of the Federal High Court (FHC) which affirmed Abacha as the gubernatorial candidate.
Justice Jimi Bada, who read the lead judgment, held that the primaries that produced Abacha was inconclusive, adding that the party had the power to nominate its candidate.
In a motion on notice brought pursuant to Sections 6(6)(B) of the 1999 Constitution, Section 15 and 17 Court of Appeal Act 2004, Order 4, Rule 6, Order 7 Rule 1 of the Court of Appeal Rules, 2007, Abacha is asking the apex court to stay the execution of the judgment.
He also wants an order restraining the CPC and the Independent National Electoral Commission (INEC) from giving effect to the judgment.
In a notice of appeal filed by his counsel, Mr. Abdullahi Haruna, Abacha is contending that the appellate court erred in law in concluding that the primary that produced him was inconclusive.
He stated that the justices of the court ignored impartial evidence of INEC which duly witnessed and certified the primary that produced him after allegedly defeating Isah to a second place.
Abacha is asking the court to restrain the defendants, CPC and INEC, from substituting his name with that of Isah or any other person pending the determination of the appeal
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