Supreme Court to review Sokoto governorship tussle April 8

The last may not have been heard of the Sokoto State governorship election tussle.

The Supreme Court will on April 8, review its judgment delivered  in favour of Governor Aliyu Wamakko  on November 26, last year.

This followed an application filed by the Democratic Peoples Party (DPP) governorship candidate in the April 2007 election, Alhaji Muhammadu Maigari Dingyadi.

Dingyadi urged the apex court to review its judgment which dismissed his appeal pending for Judgment in the Court of Appeal sitting in Sokoto.

The defendants are the Independent National Election Commission (INEC), the incumbent governor, Alhaji Aliyu Magatarkarda Wamakko and the Peoples Democratic Party (PDP).

The President of the court of Appeal (CAN), Justice Isa Ayo Salami alleged that the Chief Justice of Nigeria, Justice Aloysius Katsina-Alu asked him to compromise the Sokoto State Governorship Election Petition Appeal, a request he said he declined.

Salami, in an Affidavit said his refusal to compromise the judgment was the source of the plan to elevate him to the Supreme Court.

Dingyadi’s counsel and a former Attorney General of the Federation, Chief Akin Olujinmi (SAN) said the court lacked the jurisdiction to make a consequential order on an election matter which by virtue of Section 246(1) of the 1999 Constitution, the apex court cannot adjudicate on.

“At a point by which your Lordship said the appeal before you is deemed withdrawn and dismissed, this court has no locus to go back to make an order dismissing the appeal pending at the Sokoto Court of Appeal. Besides, what is left in such circumstance is the issue of cost and not dismissing the appeal at the Sokoto Court of Appeal.

“The record of appeal from Sokoto Court of Appeal was not remitted to the apex court, in other words, the appeal was not before your Lordship. To exercise jurisdiction under Section 22 of the Supreme Court Act there must be a proper remittance of appeal record.

“Where the court decided without jurisdiction it was resolved on several cases that it could exceptionally review its judgement. This matter falls within that narrow exceptions,” Olujimi added.

Adopting their briefs of argument, all the respondents/defendants opposed the application.

INEC’s counsel, Mr. Yahya Mahmud said the facts in the cases of the authorities cited by the applicant are different.

Wamako’s counsel described the suit a is an abuse of court process which the court must dismiss.

PDP’s Counsel, Dr. Alex Izinyon (SAN) reminded the Court that he asked for a consequential order while asking for the dismissal of the case.

Izinyon argued further that it is the reliefs and claims of litigants that determine the nature of his case.

“The reliefs and claims  of the appellants at the Court of Appeal Sokoto and the Court of Appeal, Abuja up to the Supreme Court were the same”.

“The claim therefore that the appeal at the Sokoto Court of Appeal is an election petition matter is unfounded. The apex court should therefore dismiss the appellants’ application which is an abuse of court process. There must be an end to litigation”, Izinyon added.

The matter was adjourned till April 8, for ruling by the five-man panel chaired by Justice Chukwuemeka Chukwuma-Eneh.

The Supreme Court had in a unanimous ruling delivered by Justice Christopher Chukwuma-Eneh on November 26, dismissed the appeal filed before the Court of Appeal, Sokoto for constituting an abuse of court process by multiplicity of actions.