JUST IN: Appeal Court dismisses suit seeking Tambuwal’s removal

The Abuja Division of the Court of Appeal has dismissed the
appeal by an All Progressives Congress (APC) governorship aspirant,
Senator Umar Dahiru, challenging the election of Aminu Waziri
Tambuwal as the Governor of Sokoto State.

In a ruling read by Justice Emmanuel Akomaye Agim, the court
also awarded a cost of N100,000 against the appellants.

Dahiru had filed the appeal challenging the ruling of a Federal
High Court in Abuja which in June dismissed his suit and that of
another APC governorship aspirant, Aliyu Abubakar Sanyinna, on the
ground that they could not prove the allegations of irregularities
in the primary election conducted on December 40 2014.

Justice Gabriel Kolawole had ruled that even if the applicants
had succeeded in proving that there were irregularities in the
December 4, 2014 primary, the court could not grant the reliefs
because it was not an election petitions tribunal and therefore
lacked jurisdiction.

Counsel to the appellants Chief Roland Otaru SAN, while making
his final submissions a few weeks ago asked the Appeal Court to
remove governor Tambuwal on the ground that he was not lawfully and
validly elected as the APC gubernatorial candidate for the 2015
governorship elections.

He submitted that the APC constitution, primary election
guidelines and the Electoral Act were grossly violated during the
conduct of the December 2014 primary election.

The Senior Counsel argued that the disregard for the observance
of due process got to the climax with the swapping of the
delegate’s list by the governor to circumvent the rules provided
for the conduct of the primary by the National Secretariat of the
APC.

He then urged the appellate court to set aside the judgment of
Justice Gabriel Kolawole of the Federal High Court which on June
22, 2017, upheld the primary election.

Otaru claimed that the Judge erred in law and engaged in
miscarriage of justice by going out of the counterclaims of the
respondents to arrive at his conclusion.

Specifically, the senior lawyer canvassed that the principal
appellant, Senator Umaru Dahiru be declared the candidate of the
APC in the 2015 governorship election.

However, the APC represented by Jibrin Okutepa SAN canvassed
that the suit be dismissed for being vexatious and lacking in
merit.

He submitted that the appellants were inconsistent in their
pleadings having allegedly claimed that there was no primary
election conducted and in another averment established that not all
the authentic delegates were accredited for the primary
election.

Besides, Okutepa claimed that the appellants changed the
character of their case when in the originating summon they
canvassed cancellation of the primary election for a fresh one but
came back to seek that they be declared the winner of the same
faulted primary poll.

“From the totality of the case of the appellants and from the
list they submitted on their own, they admitted that 1620 delegates
from the 23 local government areas of the state were accredited and
in their inconsistent claim, came out to allege again that
delegates were not accredited as required by law”.

“In the face of this glaring inconsistency, the case of the
plaintiffs is liable to be dismissed, and I urge this court to do
so and uphold the findings of the High Court on the issue,” he
said.

Counsel to Tambuwal, Ibrahim Sunday Ameh SAN canvassed the
dismissal of the suit for lacking in merit.

Ameh claimed that the fulcrum of the case of the appellants was
non-accreditation of delegates adding that they did not establish
their allegation as required by law in court.

In a ruling which lasted for more than two hours, Justice Agim
held that on the contentious claims by the appellants that
accreditation of voters did not take place on the day of the
primary election, making wild allegations will not stand the test
of evidence if it is not backed by enough proof.

He said the appellants made contradictory claims in the
affidavits filed at the trial court had allegedly claimed that
there was no primary election conducted and in another averment
established that not all the authentic delegates were accredited
for the primary election.

He said for the case to stand the test of proof, it must be
consistent with the consistent evidence.

On the grounds of appeal that accused the trial court of
engaging in judicial rascality, Justice Agim held that the trial
court did a diligent job and its ruling was consistent with the
provisions of the Electoral Act, the APC guidelines for elections,
and the Nigerian Constitution.

The Judge, therefore, dismissed the appeal for lack of
merit.

The Abuja Division of the Court of Appeal has dismissed the
appeal by an All Progressives Congress (APC) governorship aspirant,
Senator Umar Dahiru, challenging the election of Aminu Waziri
Tambuwal as the Governor of Sokoto State.

In a ruling read by Justice Emmanuel Akomaye Agim, the court
also awarded a cost of N100,000 against the appellants.

Dahiru had filed the appeal challenging the ruling of a Federal
High Court in Abuja which in June dismissed his suit and that of
another APC governorship aspirant, Aliyu Abubakar Sanyinna, on the
ground that they could not prove the allegations of irregularities
in the primary election conducted on December 40 2014.

Justice Gabriel Kolawole had ruled that even if the applicants
had succeeded in proving that there were irregularities in the
December 4, 2014 primary, the court could not grant the reliefs
because it was not an election petitions tribunal and therefore
lacked jurisdiction.

Counsel to the appellants Chief Roland Otaru SAN, while making
his final submissions a few weeks ago asked the Appeal Court to
remove governor Tambuwal on the ground that he was not lawfully and
validly elected as the APC gubernatorial candidate for the 2015
governorship elections.

He submitted that the APC constitution, primary election
guidelines and the Electoral Act were grossly violated during the
conduct of the December 2014 primary election.

The Senior Counsel argued that the disregard for the observance
of due process got to the climax with the swapping of the
delegate’s list by the governor to circumvent the rules provided
for the conduct of the primary by the National Secretariat of the
APC.

He then urged the appellate court to set aside the judgment of
Justice Gabriel Kolawole of the Federal High Court which on June
22, 2017, upheld the primary election.

Otaru claimed that the Judge erred in law and engaged in
miscarriage of justice by going out of the counterclaims of the
respondents to arrive at his conclusion.

Specifically, the senior lawyer canvassed that the principal
appellant, Senator Umaru Dahiru be declared the candidate of the
APC in the 2015 governorship election.

However, the APC represented by Jibrin Okutepa SAN canvassed
that the suit be dismissed for being vexatious and lacking in
merit.

He submitted that the appellants were inconsistent in their
pleadings having allegedly claimed that there was no primary
election conducted and in another averment established that not all
the authentic delegates were accredited for the primary
election.

Besides, Okutepa claimed that the appellants changed the
character of their case when in the originating summon they
canvassed cancellation of the primary election for a fresh one but
came back to seek that they be declared the winner of the same
faulted primary poll.

“From the totality of the case of the appellants and from the
list they submitted on their own, they admitted that 1620 delegates
from the 23 local government areas of the state were accredited and
in their inconsistent claim, came out to allege again that
delegates were not accredited as required by law”.

“In the face of this glaring inconsistency, the case of the
plaintiffs is liable to be dismissed, and I urge this court to do
so and uphold the findings of the High Court on the issue,” he
said.

Counsel to Tambuwal, Ibrahim Sunday Ameh SAN canvassed the
dismissal of the suit for lacking in merit.

Ameh claimed that the fulcrum of the case of the appellants was
non-accreditation of delegates adding that they did not establish
their allegation as required by law in court.

In a ruling which lasted for more than two hours, Justice Agim
held that on the contentious claims by the appellants that
accreditation of voters did not take place on the day of the
primary election, making wild allegations will not stand the test
of evidence if it is not backed by enough proof.

He said the appellants made contradictory claims in the
affidavits filed at the trial court had allegedly claimed that
there was no primary election conducted and in another averment
established that not all the authentic delegates were accredited
for the primary election.

He said for the case to stand the test of proof, it must be
consistent with the consistent evidence.

On the grounds of appeal that accused the trial court of
engaging in judicial rascality, Justice Agim held that the trial
court did a diligent job and its ruling was consistent with the
provisions of the Electoral Act, the APC guidelines for elections,
and the Nigerian Constitution.

The Judge, therefore, dismissed the appeal for lack of
merit.