S’Court refuses APC motion to revisit judgment on Zamfara state candidates

Andrew Orolua, Abuja

The Supreme Court on Monday refused to revisit its judgment that sacked all candidates of All Progressives Congress (APC), who purportedly contested for Governorship, membership of State Assembly and National Assembly.

All Progressives Congress (APC) which is still aggrieved over the judgment, on Monday brought an application seeking a reversal of the apex court decision of May 24, on the 2019 general election in Zamfara State.

In its application, APC wanted the apex court to set aside its judgment and restate all APC’s candidate in Zamfara State who the courts have disqualified from the election for having not participated in the lawful primary election preceding the 2019 general election.

Not satisfied the party in a fresh application marked: SC/377/2019 and filed by its lawyer, Robert Clarke (SAN), asked the court to review and set aside the consequential order in the Judgment.

But a five-man panel of the court, led by Justice Olabode Rhodes-Vivour, however struck out the application for being incompetent and lacking in merit.

The court in addition held that it lacked jurisdiction to entertain the suit since the consequential ordered raised in the motion emanated from the originating summon filed at the trial court.

The Supreme Court held that the consequential order arose from the substantive suit which is within the prescribed 60 days for pre-election matters therefore the appeal is incompetent and the court lacks jurisdiction to review it.

Besides seeking the setting aside of the consequential order, the appellant also prayed the court to order INEC to hold fresh election as against its consequential order which directed other parties with the highest votes to be sworn into office as duly elected.

It would be recalled that a five-man panel of Justices of the Supreme Court led by the then Acting Chief Justice of Nigeria (CJN), Justice Tanko Muhammad had held that the APC had no candidate in the election and as such cannot be declared a winner of the election.

The panel , while delivering judgment on appeals filed by APC had also ordered that candidates of parties with the highest number of valid votes cast with the required spread stands elected in the various political offices in Zamfara state.

The judgment principally centres on the governorship, state House of
Assembly and the National Assembly elections conducted in Zamfara
State on February 23 and March 11, 2019.

APC candidates, had won most of the offices contested for in the February 23 and March 11, 2019 elections, including the former governor of Zamfara State, Abdulaziz Yari, who was purportedly elected to the Senate, while the Peoples Democratic Party’s candidates, placed first runners-up in the polls.

By the unanimous judgment of the apex court, all candidates of the APC that won elections in Zamfara State, including its governor-elect, Alhaji Mukhtar Idris, were sacked.

Justice Paul Galinje who read the lead judgment of the apex court
maintained that the Sokoto Division of the Court of Appeal was right
when it held that the APC did not file any eligible candidate in the 2019 general election in Zamfara State.

The court consequently dismissed all the appeals bordering on the APC crisis in Zamfara State for lacking in merit.

Justice Galinje, in his judgment awarded a cost of N10m against the APC.

“I find that the lower court was right in holding that there were no
primary elections in Zamfara State. “The appeal had no merit and it should be dismissed. It is accordingly dismissed.

“The party that has no candidate cannot be declared a winner of the election. Therefore, all votes that are credited to such party is deemed as wasted voted.

“Candidates of parties with the highest number of valid votes cast with the required spread stands elected in Zamfara”, the Supreme Court held.