It is no longer news that the Court of Appeal sitting in Sokoto on Monday led by Justice Tom Yakubu, has set aside the judgement of a Zamfara High Court on the All Progressives Congress (APC) primaries that produced the party’s candidates for governorship, National and State Assembly elections.
However, what is not clear to many is the implication of the judgement on APC’s win in the Governorship and House of Assembly seats in the state.
A Zamfara State High Court had earlier recognised the primaries held by the APC and directed the Independent National Electoral Commission to accept the party’s candidates for the elections.
But the Chairman of the Senate Committee on Petroleum (Downstream), Kabiru Marafa, and 129 others through their counsel, Mike Ozhekome( SAN), appealed the judgement.
Respondents are Kabiru Liman-Danalhaji and 139 others represented by Mr Mahmud Magaji as the lead counsel.
Marafa and others had approached the appellant court and argued that the state high court lacked the jurisdiction to entertain the suit and that its judgement should be declared null and void.
In the judgement, which was adopted by the two other judges in the panel, Tijjani Abubakar and Jamilu Tukur, Justice Tom Yakubu held that the lower court failed to perform its duty to properly evaluate the evidence before it.
“The Appeal is hereby allowed. The judgement of the lower court delivered on the 25th, January 2019 by Shankafi in suit No ZMS/GS/52/2018 is hereby set aside. Parties shall bear their costs.”
In the judgements and court order obtained exclusively by TheNewsGuru (TNG), the judge stated clearly that the party had made two unsuccessful attempts to conduct primaries in the state and list of candidates were not duly submitted to the Independent National Electoral Commission, INEC, by the national headquarter of the party as promised by the national chairman of APC, Adams Oshiomole.
“I hereby, set aside the judgement of the lower court which allowed the party to field candidates in the last general elections,” he said.
He added: “I believe this will serve as a very bitter lesson for political parties to learn. They must abide by the provision of the electoral act which provide level play ground for all aspirants,” the judge ruled.
implications of court judgement
Except another competent court (in this case the Supreme Court) issues an opposing judgement, the implication of the judgement is that the ruling APC in the state will automatically vacate their elected seats to the opposition, Peoples Democratic Party (PDP). This includes the state assembly, national assembly and the governorship elections conducted by INEC on February 23 and March 9 respectively.
INEC will have to issue Certificates of Return to the PDP candidates instead of those of the APC.
Confirming this development in an exclusive interview with TNG, a participant at the party’s (APC) governorship primary said: “The implication of the judgement is that the second runner up takes it. The result is both side looses being the consequence of impunity,” he said.
Zamfara Government rubbishes judgement, says party’s victory intact
The governor of Zamfara State, Abdul’aziz Yari, has called on members of the All Progressive Congress (APC) and residents of the state to remain calm and be law-abiding after the Court of Appeal nullified the primaries of the party in the state.
Following the decision by the Sokoto Division of the Court of appeal this morning, setting aside, the rulling by Justice Bello Shinkafi led Zamfara State High Court on the APC Governorship and state assembly Primaries conducted on the 3rd and 7th October last year across the nooks and crannies of Zamfara state.
His Excellency the Executive Gov of Zamfara state Hon (Dr) Abdulaziz Yari Abubakar appeals to all the law abiding members of the APC and indeed all the citizenry of Zamfara state including members of all political parties to remain calm and law-abiding, pending the release of the judgement which is currently being prepared for presentation to the public.
However, unlike the rumours now awash all social media platforms that the Court of appeal Sokoto Division has nullified our elections, is not true. The statement is incorrect. Those circulating the rumours are doing so to cause mayhem in our state to satisfy the ego of their masters. You may recall that they have been doing so to mislead the public.
What the Court of appeal Sokoto Division division did this morning was setting aside the judgement by the Zamfara State High Court on the ground of ” EXAMINATION OF PROOFS OF EVIDENCE “. This has nothing to do with our elections.
Recall that in February, the court of appeal sitting in Abuja set aside the judgment of the Federal High Court, Abuja, which barred the APC from fielding candidates, in consonance with the earlier decision of the Independent National Electoral Commission (INEC).
The Court has not in anyway tempered with our elections, as only Tribunal has the right to listen to issues arising from election matters. Again, the Court of appeal Sokoto Division has not in anyway tempered with the processes of the primary elections. It only faulted the examination of the proofs of evidence.
Furthermore, the processes of filing the appeal were done after the expiration of period within which to do so. For these reasons, His Excellency the Executive governor of Zamfara state and Chairman Nigeria Governors Forum and Senator- elect, Abdulaziz Yari Abubakar is appealing to all members of the APC and it’s supporters to remain calm and law-abiding.
While awaiting the release of the judgement by the Sokoto Division of the Court of appeal, before taking it to the ” Next Level,” Gov Yari thanks and appreciates the concern by all party members and supporters.
We are yet to receive Appeal Court judgement – INEC
Meanwhile, the the National Commissioner and chairman of Information and Education Committee of INEC, Festus Okoye, in a reaction said the commission would not do anything until the judgment was given to the electoral body.
He said, “We have not yet seen the judgment delivered by the Court of Appeal, Sokoto Judicial Division. When the commission receives a copy of the judgment, INEC will study the judgment and be sure that it emanated from a properly constituted court of law. We will study it and look at the prescribed order given by the court and see if the court made any consequential order.
“The commission will then take a position in relation to what should be done. But you have to also bear in mind that elections have been conducted, declarations and returns have been made in relation to all the elective offices in Zamfara State.
“For members of the Senate and House of Representatives, the commission has issued Certificates of Return to them. The only Certificates of Return that have yet to be issued relate to the governor and the deputy governor as well as members of the state House of Assembly.”
PDP hails judgement, says APC participated illegally in the elections
The main opposition, the Peoples Democratic Party (PDP) in a reaction to the development said that the APC participated illegally in the Zamfara State governorship election.
It said this was evident in the ruling of the Court of Appeal that nullified the primary that produced the governorship candidate of the APC who participated in the election.
The National Chairman of the PDP, Prince Uche Secondus applauded the court for the judgment, saying that the “night ruling that INEC relied on to allow the APC participate in the election was suspicious.”
Secondus, who said the PDP knew that the APC was smuggled into the ballot, wondered how INEC was able to print fresh ballot papers and distribute them overnight during the March 9 governorship election in the state.
He said, “The Court of Appeal judgment has vindicated us. The judiciary is alive and we are happy for that. Though the judges are facing a lot of challenges from the intimidating government, we are however happy that the judges are strong and telling the truth to power.”
I’ve been vindicated with judgement, former Zamfara governorship aspirant, Marafa
A member of the National Assembly , Senator Kabiru Marafa (APC Zamfara Central), on Monday said he had been vindicated by the judgement of the Court of Appeal setting aside the ruling of Zamfara state High court on the APC primaries in the state.
Marafa, who is Chairman of Senate Committee on Petroleum (Downstream) , in a reaction hailed the judgement of the Sokoto division of the Appeal Court which set aside the ruling of the high court on the party’s primaries in the state.
Marafa, a former governorship aspirant in the state, said the judgement had shown that truth will always prevail over falsehood.
Hailing the Appeal Court judges for standing by the truth, the Senator said: “I have always believed that the Zamfara State High Court ruling was nothing but a black market judgement that can never stand legal scrutiny.
” The Appeal Court judgement has rekindled the fact the judiciary is the last hope of the common man. We are all living witnesses to the fact that the APC in Zamfara was unable to conduct primaries and couldn’t reach consensus due to the attitude of Governor Abdulaziz Yari, but the Zamfara state High Court judge ruled against the truth. The Appeal Court has today done justice by throwing the judgment of the Zamfara High Court to the trash bin, where it rightly belongs.”
The ranking lawmaker, while commending the million of his supporters for their support, cooperation and patience, urged them to discountenance the press release from the Zamfara Government House, claiming that today’s judgement has no effect on their election.
” The statement by the Zamfara Government House on the Appeal Court judgement is the last kick of dying pigs, not even horses. You cant build on nothing, APC didn’t conduct primaries, they don’t therefore have candidates in the just concluded elections,” he further said.