
May 24, 2017
/
By:
ofcounsel_admin/
- 0 Comments
/
- Law News, Nigeria News
A Federal High Court in Abuja yesterday fixed June 23 2017 to determine the fate of Governor Aminu Waziri Tambuwal of Sokoto State and another All Progressives Congress (APC) governorship aspirant in the 2015 general election, Mr Umaru Dahiru.
The presiding judge, Justice Gabriel Kolawole fixed the date for judgment in the disputes that arose from the conduct of the primary election of the APC held on December 4, 2014, that produced Tambuwal, after counsel in the matter adopted their briefs and final arguments in the legal tussle over Sokoto State governorship seat.
Senator Dahiru had dragged the APC, Tambuwal and the Independent National Electoral Commission (INEC) to the court praying for an order to nullify and set aside the Sokoto State APC primary election that produced Tambuwal on the grounds that it was not in compliance with Electoral Act 2010, the APC guidelines and the party’s Constitution.
Arguing the originating summons on behalf of the plaintiff, Chief Rowland Otaru (SAN) urged the court to nullify and set aside the primary election that produced Tambuwal for the 2015 governorship election in Sokoto State.
Dahiru’s grouse was that the constitution of the APC and party guidelines of the primary election as well as the Electoral Act were infringed upon in the conduct of the primary election.
Dahiru’s lawyer claimed that in breach of the rules guiding the primary election, verification and accreditation of delegates were not done despite the fact they were mandatory.
He said the plaintiff had been able to show the court that there was no compliance to the Electoral Act, rules and constitution of the party, and said, ‘that shows that the purported primary election was a nullity”.
Otaru urged the court to take a judicial notice of the list containing the names of the delegates who participated in the primary and the report of the APC, adding that there was no evidence of verification and accreditation in compliance with the relevant laws and urged the court to set aside the purported primary election that produced Tambuwal.
While urging the court to dismiss the suit as filed by the plaintiff, counsel to the APC, Jubril Okutekpa (SAN) drew the attention of the court to the affidavit evidence of the plaintiff prepared in 2014, where he admitted that accreditation of delegates was conducted and further affidavit of the same plaintiff prepared in 2017 where the plaintiff made a U-turn that no accreditation was done.
Okutekpa said the plaintiff should not have commenced the proceedings by Originating Summons, in view of Order 6 Rule 7 of the Federal High Court
Source: Thisday News