THE Federal High Court in Abuja, was on Wednesday, asked to stop the Speaker of the House of Representatives, Aminu Waziri Tambuwal, from contesting the Sokoto State governorship seat on the platform of the All Progressives Congress (APC).
The plaintiffs, Senator Umaru Dahiru and Mr Aliyu Abubakar Sanyinna, had, through their counsel, Awa Kalu, approached the court, asking it to direct the APC to withdraw the nomination of Tambuwal as its governorship candidate and to hold another governorship primaries in the state.
The plaintiffs hinged their prayers on the ground that the governorship primaries conducted by APC on December 4, 2014 did not comply with the provisions of Section 87 of the Electoral Act 2010 and the APC 2014 guidelines for nomination of candidates for public officer.
Joined as defendants are APC, Tambuwal and the Independent National Electoral Commission (INEC).
The plaintiffs argued that despite the fact that they were bona fide card-carrying members of APC, the party breached its guidelines in relation to the nomination of candidates for public offices, as well as other relevant provisions of the Electoral Act, 2010 (as amended).
They further submitted that the screening of delegates on the day of the primaries was not done between the stipulated hours of 8.00 a.m. and 12.00 noon, and that the list of the delegates as issued by the APC national secretariat was not used in the conduct of the said election of December 4, 2014.
Other grounds on which plaintiffs are seeking redress is that on the very day of election, members of the state and local government, as well as members of the state assembly openly canvassed votes for Tambuwal, adding that there were instances of delegates engaged in multiple voting to favour Tambuwal, and instead of just a single ballot box required at the election, 23 boxes were provided in order to perpetrate the alleged irregularities.
The plaintiffs alleged that voting was also done in a very rowdy scenario, adding that this gave rise to a ‘free for all voting’ in favour of Tambuwal and that delegates were intimidated and threatened with the loss of their seats, as members of executive in their respective capacities at wards, local governments and state level, should they vote for any other person than Tambuwal.
The plaintiffs are, therefore, praying the court for an order directing INEC to expunge Tambuwal’s name from its register of governorship candidates for the 2015 governorship elections pending fresh holding of governorship primaries in Sokoto State by the APC.
They also asked for an order of interlocutory injunction restraining INEC from placing Tambuwal’s name on the ballot paper for the 2015 governorship election pending the holding of governorship primaries by APC.
The plaintiffs alleged that it was unlawful for INEC to act on a candidate nominated by the APC when such a candidate was elected in violation of the Electoral Act 2010 and the electoral guidelines established by the APC.
The plaintiffs had earlier asked the court to determine whether the procedure for the nomination and/or sponsorship of candidates for the elective offices recognised by the Electoral Act 2010 and the Constitution of the Federal Republic of Nigeria 1999 (as amended) were within the exclusive domain of Section 87 of the said Electoral Act.
They also want the court to determine whether the conduct of the APC governorship primaries held on December 4, 2014 was not grossly in non-compliance with the provisions of Section 87 of the Electoral Act 2010, the APC 2014 Guidelines for the nomination of candidates for public offices (APC 2014 Guidelines), therefore, unlawful, null and void.
The judge, Justice Evoh Chukwu, fixed February 23 for hearing of the suit.
