As an indigene of Sokoto State and a keen observer of the political events in that peaceful State ever since the emergence of the present democratic dispensation, I am at pains watching the turn of events since the April 14, 2007, gubernatorial election in which Alhaji Aliyu Magatakarda Wamakko emerged the winner.

The April 14, 2007 election that threw up Wamakko of the Peoples Democratic Party (PDP) as the winner against the governorship candidate of the Democratic Peoples Party (DPP), Alhaji Muhamadu Maigari Dingyadi was fraught with a lot of irregularities. These irregularities which included double nomination and other electoral abuses that contravened the Electoral Act of 2006 and relevant sections of the 1999 Nigerian Constitution were glossed over by the Sokoto State Governorship and Legislative Houses Election Tribunal where the DPPs gubernatorial candidate, Dingyadi and his party had gone to seek for justice.

There will be no space to narrate in details what transpired at the Sokoto Tribunal which followers of political events in Sokoto State are well aware of. But the frightening dimension of the excesses of the Sokoto Tribunal and biases was exhibited when an aggrieved party who has come to it for justice was addressed as weeping more than the bereaved.

The bizarre aspect of the tribunal’s excesses came when it described election as an event instead of a process. All grounds of appeal were blindly turned down y the tribunal, which went ahead in its judgment of 29th October, 2002 and affirmed Wamakko as the winner of the highly flawed gubernatorial election in Sokoto State.

Instead of resorting to self-help or taking the law into its hands, the DPP and its teaming supporters in Sokoto State appealed against the ruling of the Sokoto Tribunal. Its ground of appeal was that Wamakko was not qualified to run for the gubernatorial election in the first place. His deputy also was not qualified as well because their candidature was marred by double nomination. Besides, the Sokoto gubernatorial election was marred by a lot of irregularities and that Wamakko did not win the election.

Succour came the way of the DPP when on April 11, 2008, the court of appeal in Kaduna nullified the election of Wamakko as governor on the grounds of substantial irregularities and non-qualification of Wamakko for the governorship election. In delivering the judgment, Justice Ahmed Belgore observed that Wamakko’s nomination by the PDP for the election was in breach of Section 187 (1) of the Constitution of the Federal Republic of Nigeria, 1999, because his letter of membership of PDP was submitted to the party seven days after his nomination by the party.

The judge noted that this action breached the provisions of Section 38 of the Electoral Act 2006. Other reasons which the judgment has against the irregularities of Wamakko’s candidature are many and known to those watching with interest the court cases since the emergence of Wamakko in April 14, 2007 that I would not bore you with them here.

Everything concerning the processes of nomination of the PDP candidate in the said election was not proper. That can explain why the Appeal Court berated the Independent National Electoral Commission (INEC) for the shoddy job it did in respect of the Sokoto gubernatorial election. Instead of the electoral umpire to insist that party nomination was properly done, it looked the other way, while the PDP perfected the impunity that was the governorship election in Sokoto State.

While Wamakko’s nomination was faulty, that of his deputy, Alhaji Mukhtari Shelu Shagari was the worst in the history of election in Sokoto State. Initially, Shagari was nominated as the PDP gubernatorial candidate in Sokoto State for the said election. Wamakko has earlier nominated one Senator Bello J. Gada as his running mate to occupy the office of Deputy governor, but Alhaji Mukhtari Shehu Shagari was returned as Deputy Governor. His emergence as the Deputy governor was described by the Appeal court as “manufactured purposely to meet the challenges of the election petition tribunal.”

And because the joint ticket of Wamakko and Shagari was not qualified to stand for the April 14, polls, the appeal court nullified the election and ordered for a fresh poll within 90 days.

Based on this ruling, the Appeal Court said that the fresh election ordered shall be between the same parties and candidates as appear in Exhibit R8. For the avoidance of doubt and to clarify some issues that the Wamakko camp has capitalised upon to hoodwink the good people of Sokoto State that he is qualified for the re-run, whereas the reverse is absolutely the case, the Exhibit R8 in question is no other document than the Declaration of Result to the office of the governor Form dated 15th April, 2007, a day after the highly flawed governorship election.

Expectedly the Form carried the names of all the candidates that contested for the election of April 14, 2007, their political parties and the votes they scored in that election. Naturally Wamakko’s name and his party, the PDP, must be there by virtue of its participation in the said election and not that he is qualified for the ordered re-run.

Those arguing that Wamakko and his party the PDP should stand for the Sokoto re-run based on the Exhibit R8 are missing the kernel of the Appeal Court’s ruling. One is that the court has nullified Wamakko’s election based on non-qualification and other irregularities. How can the same court order that Wamakko is now qualified for a re-run on the same matter that it disqualified him ab initio? I don’t think that the learned appeal court justices would make conflicting orders in the same matter before it. It is a well-known fact in legal matters that court orders (consequential orders) are drawn from the ruling. They are essentially derived from the judgment.

They are therefore products of the judgment. What this means is that such orders must naturally flow from the judgment. And there is no way such an order should not derive from the ruling. And whenever such order is at variance with the judgment, the order is therefore considered null and void and of no effect. On what basis are those routing for Wamakko’s candidature hinge their argument? Are they saying that nomination of candidates for the April 14, 2007 governorship polls has not closed? Are they saying that Wamakko did not stand disqualified for the said election as ruled by the Appeal Court (Kaduna Division)?

Are they saying that Wamakko has gotten a fresh nomination and mandate?
These are legal issues that need not be triavilised on the altar of partisan politics. Wamakko has had enough of manipulation of the electoral system in Sokoto State. He has been an undeserved beneficiary of the charade called gubernatorial election of April 14, 2007. He had manipulated his way through the State Tribunal but finally his case could not be helped by the appeal court because of its obvious contradictions.

Indeed Wamakko has a very bad case. Politicians especially those in Sokoto State should learn how to play the political game and stick to its rules. This do-or-die tactics of the PDP is becoming reprehensible in Sokoto and other states where the PDP is determined to rule at all costs. Democracy thrives where the wishes of the people are respected.

And this can only happen if the people’s votes count in an election. I had expected that the Sokoto politics would have shown the example for others to follow in view of its historical importance to the nation. But alas things are fast crumbling in this Caliphate State due to the inordinate ambition of one man and his army of blind supporters. Wamakko’s present posturing is undemocratic and should be condemned by all lovers of democracy in the state.

One does not have to be a lawyer to come to terms with the illogicality as well as the illegality of Wamakko’s candidature for the fresh polls in Sokoto State. Just as he did not stand qualified for the April 14 polls, he cannot now stand qualified for the re-run. The matter is simple as that. And nothing can be further from the truth. He has a faulty candidature and all rooms to regularise such a candidature are closed by virtue of his non-qualification for the election ab initio. Those arguing that Wamakko is qualified are trying to stand justice on its head. They are those who want to make an ass of the law.
There is no doubt that Wamakko and his party has a bad case. They should learn how to lose in the political game with dignity instead of resorting to underhand tactics that will never do the politics of Sokoto State any good.

If Wamakko is in the dark about the reality of his non-qualification for Sokoto re-run, he should seek the interpretation of the courts on the matter instead of unnecessary bravado that will lead to nowhere. The electoral umpire should behave like an unbiased umpire in the conduct of the Sokoto re-run and remove from its body any tendencies that would make it seem partisan. Playing the game according to the rules will give room to a better Sokoto State.

Usman writes from Sokoto State.