S’Court to decide Zamfara APC appeals before vacation

By Andrew Orolua, Abuja

The Supreme Court on Thursday said that it will resolve appeals that rosed from  the pre-election case of the Zamfara state All Progressives Congress( APC), primaries preceding last general election before the court proceeds on its annual vacation.

The Acting Chief Justice of Nigeria, Justice Tanko Mohammad, who presided over the appeal filed by the governor-elect of Zamfara state and , Alhaji Mukhtar Shehu Idris and others others against the decision of the Court of Appeal, Sokoto Division, said the court will do all within its powers to decide the case one way or the other.

The Sokoto Division of the Appeal Court had nullified the primaries that produced candidates for the last general elections in the state at all levels.

The court said due process was not followed in the conduct of the primaries.

But not satisfied with the decision of the court, the governor-elect approached the apex court to challenge that decision.

During the proceedings before the court yesterday, counsel to Senator Kabiru Marafa, who led other respondents in the appeal, Chief Mike Ozekhome’s, SAN, sought to move a preliminary objection, dated 30th April, 2019.

He told the court that in the face of the law, there is no appeal before the court.

He was about arguing his objection when Chief Lateef Fagbemi, SAN, objected and told the court to order that the objection and the brief of arguments of parties in the matter should be taken together.

He cited order 6 rule 5 of the civil procedure rules of the court.

He reminded the court that the practice that had been adopted in so many cases before the court has been to take the objection and the brief of arguments together in order to have one judgement.

He said if Ozekhome’s objection succeeds, the case will terminate at the preliminary objection stage but if it fails, the court will look into the merit of the case.

After parties made their submission, the court agreed that the case should be fixed for May 16th, 2019.

The Court of Appeal Sokoto Division had on March 25, 2019 set aside the judgment delivered by the Zamfara High Court, allowing the All Progressives Congress (APC) to field candidates in the 2019 Election.

Delivering the lead judgment, which was adopted by two other Justices Tijjani Abubakar and Jamilu Tukur, Justice Tom Yakubu, held that the lower court failed in its duty to properly evaluate the evidence before it.

Yakubu said judges have the legal power to produce judgment and reach decisions with reason, noting that in the instance case it was not done.

“I am convinced that the lower Court has failed to evaluate the evidence before reaching the decision.

” The Appeal Court have power in law to access pieces of evidence on appeal, which we have done .

”Based on available facts the respondents did not contradict the INEC evidence on conducting the said primary election” Yakubu said.

The Presiding judge, said “documented evidence has upper consideration than oral ones”.

Justice Yakubu held that the plaintiffs being card carrying party members and aspirants in the said primary election have legal capacity to institute the suit.

The appeal has also led to the non- issuance of certificate of return to the Governor-elect, Idris,  and other members of the State House of Assembly.

The Independent National Electoral Commission(INEC), withheld the certificate the All Progressive Congress (APC) elected candidates in Zamfara, after the elections.

About a month ago, the governir-elect, wrote to the INEC Chairman, Prof. Mahmud Yakubu, drawing his attention to the notice of appeal filed at the Supreme Court.

In a letter dated 2nd April, Alhaji Idris, had through his counsel,  Mahmud Magaji, SAN, said that the purported judgement of the court of appeal, has no any positive or direct order.

He argued that assuming there is even a court order arising from the said judgement, they still have 21 days within which to appeal, thus, putting into abeyance the said judgement until after the laps of the said 21days.

He maintained that in the case at hand, the party (APC Zamfara) still have 21days existing side by side with their constitutional right of appeal.