Guber Primaries: Tambuwal, INEC, APC Dragged to Court
Speaker of House of Representatives, and the All Progressives Congress (APC) governorship flag-bearer for Sokoto State, Hon. Aminu Tambuwal, has been dragged to a Federal High Court, Abuja alongside the Independent National Electoral Commission (INEC) and the APC.
In a suit numbered FHC/ABJ/ CS/11/2015 filed at the Federal High Court in the Abuja Judicial Division, holden in Abuja, Senator Umaru Dahiru and Barr. Aliyu Abubakar Sanyinna are the plaintiffs against the APC, Tambuwal and INEC.
As gathered amongst other things, the Court will determine whether the procedure for the nomination and/or sponsorship of candidates for the elective offices recognised by the Electoral Acts 2010 and the constitution of the Federal Republic of Nigeria 1999 (as amended) is within the exclusive domain of Section 87 of the said Electoral Act.
The Court will also determine whether the conduct of the Governorship primaries of the 1st defendant held on 4th December, 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), and therefore unlawful, null and void.
The plaintiff had gone on to make a declaration that it is unlawful for the third defendant to act on a candidate nominated by the first defendant for the purpose of the general elections when such a candidate was elected in violation of the Electoral Act 2010, and the electoral guidelines established by the first defendant.
Equally, the plaintiffs are asking for an Order from the Court to direct APC who in this case is the first defendant to withdraw the nomination and sponsorship of the Tambuwal (second defendant) as the gubernatorial flag bearer of the All Progressive Congress and to hold another governorship primaries in Sokoto State within such reasonable time as may be determined by the Court.
The plaintiffs also made an Order of the Court directing the INEC (the third defendant) to expunge the name of Tambuwal from its register of governorship candidates for the 2015 governorship elections pending fresh holding of gubernatorial primaries in Sokoto State by the APC (first defendant).
The plaintiffs did not stop there; they also asked for an Order of Interlocutory injunction restraining INEC (the third defendant) from placing the name of the second defendant, Rt. Hon. Aminu Tambuwal on the ballot for the 2015 governorship election pending the holding of gubernatorial primaries by APC (first defendant).
In an affidavit in support of motion of notice, the offices of Awa U. Kalu (SAN) and Associates who are legal practitioners to the plaintiffs made an oath and stated a number of factors necessitating the suit.
Sen. Umaru Dahiru is seeking redress at the Federal High Court on grounds such as:
One, despite the fact that the plaintiffs are bonafide cardcarrying members of APC (first defendant) and despite obtaining the Expression of Interest forms respectively, APC who in this case is the first defendant breached its guidelines as stipulated in the All Progressive Congress guidelines for the nomination of candidates for public office as well as breaching the relevant provisions of the Electoral Act 2010 (as amended).