Sokoto Gov’ship poll: Court decides Tambuwal fate June 23

Justice Gabriel Kolawole of the Federal High Court Abuja on Tuesday reserved judgment on the suit filed by Senator Umaru Dahiru challenging the election of Governor Aminu Waziri Tambuwal of Sokoto State for June 23, 2017.

Senator Dahiru, a chieftain of the ruling All Progressives Congress (APC) and a governorship aspirant in Sokoto State, had filed the suit in January 2015 after Tambuwal, the then Speaker of the House of Representatives, who decamped from the Peoples Democratic Party (PDP), won the APC governorship candidacy.

The Supreme Court had ordered the retrial of the suit which centered on claim that APC primary election held on December 4, 2014 was unlawful and a nullity, when the apex court noted that it was a pre -election matter.

Dahiru is claiming that the primary was not conducted in compliance with APC constitution and guidelines.

Arguing the originating summons on behalf of Dahiru, his lawyer, Chief Roland Otaru (SAN), urged Justice Kolawole to void and set aside the primary election that produced Tambuwal for the 2015 governorship election.

He said the primary election should be set aside because as it violates the constitution of the APC, the APC guidelines on the primary election and the Electoral Act 2010.

The counsel alleged that in breach of the rules, verification and accreditation of delegates were not done in spite of the fact that they were mandatory.

Otaru urged the court to take a judicial notice of the list containing the names of the delegates who participated at the primary and the report of the APC, adding that there was no evidence of verification and accreditation in compliance with relevant laws.

The lawyer insisted that the purported primary that produced Tambuwal was a nullity having failed to comply with the APC guidelines.

However, counsel to the APC, Jubrin Okutepa, told the court to dismiss the case of the plaintiff on the grounds of inconsistency in his claims.

He drew the attention of the court to the affidavit evidence of the plaintiff prepared in 2014, where he admitted that accreditation of delegates was done and a further affidavit of the same plaintiff prepared in 2017, where the plaintiff claimed there was no accreditation.

He submitted that a litigant must be consistent in his claim.

The counsel said the plaintiff failure to call delegates to give evidence, or that they were not accredited, had justified the defendant’s case that there was proper accreditation of delegates.

He said the case of the plaintiff is bereft of any evidential support to warrant any declaration to be made in his favour and urged the court to dismiss the case of the plaintiff and uphold the nominee.

In his own argument, counsel to Tambuwal, Sunday Ameh (SAN), aligned himself with the submission of the APC counsel, adding that it is too late in the day for the plaintiff who admitted in January 2015 that accreditation was done to make a U-turn in 2017 that no accreditation was done.

Besides, the counsel submitted that the period for primary election has expired in line with 1999 constitution as such the case of the plaintiff has died and become an academic.

Counsel to INEC, Alhassan Umar, said the electoral body would remain neutral and will abide the decision of the court.
Justice Kolawole fixed the date for judgment after taken final arguments from counsels involved in the legal tussle for the Sokoto State governorship seat.

Justice Kolawole fixed June 23 for judgment.