Governorship Tussle: Tambuwal, Dahiru to know fate June 23

Sokoto State Governor, Aminu Tambuwal and another All Progressive Congress (APC) governorship aspirant in the 2015 general election, Umaru Dahiru, are to know their fates on June 23, when judgment in the APC primary election that produced Mr. Tambuwal as candidate of the APC for the 2015 governorship election would be delivered.

A Federal High Court in Abuja is expected to deliver the verdict in the dispute that arose from the conduct of the primary election held on December 4, 2014.

Justice Gabriel Kolawole fixed the date for judgment after taking final arguments from counsel involved in the case.

Mr. Dahiru, a former senator, had sued the APC, Mr. Tambuwal and the Independent National Electoral Commission (INEC) praying for an order of the court to nullify and set aside the Sokoto state APC primary election on the grounds that its conduct was not in compliance with the Electoral Act 2010, the APC guideline on the primary election and the party’s constitution.

Arguing the originating summons on behalf of the plaintiff, Roland Otaru, SAN, urged Justice Kolawole to void and set aside the primary election that produced Mr. Tambuwal for the 2015 governorship election.

His ground was that the constitution of the APC, the APC guideline for the primary election and the Electoral Act 2010 were violated in the conduct of the election.

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.

Mr. Otaru urged the court to take judicial notice of the list containing the names of the delegates who participated at the purported primary and the report of the APC, adding that there was no evidence of verification and accreditation of delegates as required by relevant laws.

The lawyer insisted that the purported primary that produced Mr. Tambuwal was a nullity having failed to comply with the APC guidelines and other relevant laws on primary elections.

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

He drew the attention of the court to an affidavit by the plaintiff prepared in 2015, where he admitted that accreditation of delegates was done and further affidavit of the same plaintiff prepared in 2017, where the plaintiff made a u-turn

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

The counsel said the plaintiff failed to call delegates to give evidence that they were not accredited, adding that in the face of the failure to do so, the court should presumed in favour of proper accreditation.

“The case of the plaintiff is bereft of any evidential support to warrant any declaration to be made in his favor”, the laws said and urged the court to dismiss the case of the plaintiff and uphold the nominee.

In his own argument, the counsel to Mr. Tambuwal, Sunday Ameh (SAN) aligned with the submissions of the APC counsel, adding that it was 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 expired in line with the 1999 constitution, and that as such the case of the plaintiff had become academic

The counsel to INEC, Alhassan Umar, told the Court that INEC would be neutral and would abide by the decision of the court.

After taking arguments from parties, Justice Kolawole fixed June 23 for judgment.