Sokoto: Appeal Court reserves judgement on suit challenging Tambuwal

The Court of Appeal, Sokoto division, has reserves judgement in the appeal filed by the candidate of the All Progressive Congress (APC), Alhaji Ahmed Aliyu against Governor Aminu Waziri Tambuwal of the Peoples Democratic Party (PDP), in the last general election.

Dr Alex Izinyon, SAN, the Lead Counsel of the Gubernatorial Candidate of the APC and the Party in the 2019 general and supplementary elections,  has urged the Court of Appeal, Sokoto Division, to declare Aliyu as the duly elected governor of the state.

Izinyon made the prayer on Tuesday, in Sokoto, when the four-man Gubernatorial Appeal Panel led by the Presiding Judge, Justice Husseini Mukhtar, sat.

Aliyu and the APC had on 16th October 2019, filed the  Appeal before the Court, challenging the Judgement of the Lower Tribunal delivered on 2nd October 2019, thereby dismissed Aliyu’s Petition.

The Petition had challenged the declaration of the candidate of the Peoples Democratic Party  ( PDP), Alhaji Aminu Waziri Tambuwal,  as the winner of the general and supplementary polls conducted by the Independent National Electoral (INEC), on 9th and 23rd of March, 2019, respectively.

In his submission, Izinyon urged the Court to allow the Appeal and set aside the Judgment and findings of the Lower Tribunal.

He prayed the Court to also grant all the reliefs sought by the Appeal, either to return Ahmed Aliyu as elected governor or alternatively order for fresh elections.

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According to him: “Having been satisfied, to return the 1st Appellant as the governor of Sokoto state, or alternatively, in the likely event, grant alternative reliefs,  having led claims to non-compliance.”

The Lead Counsel of INEC, Barrister T.N. Inuwa, SAN, urged the Court to dismiss the appeal for lacking in merit.

The Lead Counsel of Governor Aminu Waziri Tambuwal,  Barrister S. I. Amen, also prayed the court to dismiss the Appeal, for lacking in merit

Aare Olumiyiwa Akinboro, SAN, the Lead Counsel of the PDP,  also urged the Court to uphold the decision of the Lower Tribunal and dismiss the Appeal, for lacking in merit.

Meanwhile, Counsels for Governor Aminu Waziri Tambuwal and the PDP,  have filed a Cross-Appeal before the Court.

Ameh said that the Cross-Appeal was against the ruling of the Trial Tribunal delivered on 2nd October 2019.

He urged the Court to allow the Cross-Appeal and set aside the ruling of the Trial Tribunal,  as well as make any other consequent orders as itemised.

Ameh, wants the Court to among others, disqualify the 1st Petitioner and 2nd Cross Respondent from the Gubernatorial elections conducted on 9th and 23rd March 2019  as in the first case, he was not qualified.

Izinyon, who spoke for the 2nd and 3rd Cross Respondents, urged the Court to dismiss the Cross-Appeal, as it is academic and frivolous.

The Presiding Judge, Justice Husseini Mukhtar, reserved the Judgment in the Main and Cross Appeals, saying, “the Judgment will be ready in a short frame of time and we will communicate when it is ready”.

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