A Senior Advocate of Nigeria (SAN), Chief Mike Ozekhome on Thursday took swipe on the Attorney General of Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) on his advise to the Independent National Electoral Commission (INEC) to postpone the National Assembly, governorship and State Houses of Assembly elections in Zamfara State.
Malami’s letter to the electoral empire follows the decision of the Appeal Court that all parties return to the status quo in the Zamfara All Progressives Congress (APC) primaries crisis.
The AGF gave the advice in a letter, dated February 13, 2019, to the INEC Chairman, Yakubu Mahmood, wherein he cited Sections 38 and 39 of the Electoral (Amendment) Act 2010 to support his call.
He mentioned that the postponement will enable the Zamfara APC to field candidates for all the positions in the election.
The AGF, according to the letter acted upon a petition written by the firm of Mahmud Magaji (SAN) and Co.
But, Ozekhome decried the AGF’s advice that INEC should postpone elections in Zamfara state, where over 70 political parties are involved, because his party, APC has no candidate.
While calling on INEC to stick to its legal decision that the APC has no candidate in Zamfara state on account that it did not hold any valid primary election, Ozekhome said the AGF and Magaji want to obtain what they could not get from the front door, through the back door.
In a letter dated February 14, 2019, titled, “Re: 1. Suit No.: ZMS/GS/52/2018: Sanusi Liman Dan Alhaji and 37 ORS 2. Suit No.: FHC/ ABJ/CS/1279/2018: APC V. INEC and 5 ORS 3. Appeal No.: CA/S/23/2019: Hon Aminu Sani Jaji V. Sanusi Liman Dan Alhaji and 81 ORS 4. Appeal No.: A/A/95/2019: Alhaji Lawal M. Liman V. APC. Brazen attempt to mislead INEC as regards the import of the ruling delivered by the Court of Appeal, Sokoto Division on 13th February 2019”, Ozekhome asked the AGF not to intimidate INEC into changing its stand in the Zamfara APC matter.
Ozekhome, who is counsel to Senator Kabiru Marafa and 181 others who were respondents in Appeal NO. CA/S/23/2019, which was heard on 13th February 2019 said the sole issue for determination was whether Jaji (Appellant) who had filed a notice of discontinuance, under Order 11 Rules 1 and 5 could legally withdraw and discontinue the appeal.
He said, if so, whether Sanusi Liman Alhaji, Mukhtar Shehu Idris, Gov Abdulaziz Yari Abubakar and 35 others could still sustain their motion filed on the 8th February 2019, which had been solely predicated on the existence of Appeal No. CA/3/23/2019.
The said motion filed on behalf of the said respondents/applicants by Mahmud Magaji was seeking, among other reliefs, an order of the Court of Appeal to grant, in the interim (before the determination of the substance of the main appeal), directing INEC to allow APC field candidates in the forthcoming elections in Zamfara state.
He told the AGF that the Court of Appeal held that the appeal, having been withdrawn, was accordingly dismissed and that the Court said, the motion filed by Yari, Sanusi Liman Alhaji, Mukhtar Shehu Idris and others could not be argued as it had been overtaken by events by the discontinuance and dismissal of the appeal on which it was hinged.
“Sir, you would see that there were total misrepresentation and suppression of material facts by the contents of a petition written by M. A. Magaji (SAN) and Co, falsely alleging that the Court of Appeal has upheld the appeal No. CA/S/23/2019.”
“This, with all respect, is a lie from the pith of hell. The appeal was never upheld. Briefs had not been filled at all. Rather, the appeal was voluntarily withdrawn and discontinued by the Appellant and was accordingly dismissed.”
“Dismissed with the appeal, was Magaji’s motion, asking the very Appeal Court to temporarily validate the APC Zamfara primaries and allow his clients to contest the elections”, Ozekhome added in the letter.”
He said, there is still pending appeal against the said Zamfara High Court judgment by Senator Kabiru Marafa for a stay of execution which, the ruling was slated for today, February 15 by the said High Court in Zamfara that granted the earlier orders appealed against.
He said the appeals emanating from the judgment of Justice Ijeoma Ojukwu of the Federal High Court, Abuja, which was in favour of his clients (to the effect that no valid primaries had been held such as to produce the defendant’s candidates) are still subsisting and pending.
According to the SAN, the provisions of Section 38 and 39 of the Electoral Act are no longer of any moment since the potential candidates for nomination have resorted to court to ventilate their grievances with respect to the nomination of candidates for the election, in compliance with Section 87 of the Electoral Act.
While calling on the AGF to refuse to be misled by Magaji’s petition, Ozekhome said, Magaji’s prayers are, “Clearly meant to circumvent the due process of the law as regards all matters that already subjudice between the parties at various Appellant courts in Abuja and Sokoto state Court of Appeal.
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