Zamfara guber: Tribunal orders service of Shinkafi’s petition on APC, Idris

Godwin Tsa, Abuja

The Zamfara State governorship election tribunal sitting in Abuja has granted the application by the governorship candidate of the All Progressive Grand Alliance (APGA) in the state, Alhaji Sani, Abdulahi Shinkafi, to serve copies of his petition and other processes on the All Progressives Congress (APC) and its candidate, Mukhta, Shehu Idris, by substituted means.

According to the order of the tribunal, Shinkafi is to paste all the processes on walls of the APC National Headquarters in Abuja.

The tribunal chairman, Justice Binta Amina, gave the order at the inaugural sitting of the tribunal which was relocated to Abuja due to the insecurity in Zamfara State.

The order followed an ex parte application moved by counsel to Shinkafi and APGA Ifeanyi Mbaeri.

The applicants had in the said motion ex-parte, asked the tribunal for an order of substituted service on APC and its candidate, Idris, by delivering the petition and all processes on any adult staff at the APC national secretariat at Plot 40, Blantyre Street, Wuse 2, or by pasting the petition and all other processes at the entrance gate or any other conspicuous place at the APC national secretariat, Plot 40, Blantyre Street, Wuse 2, Abuja.

The petitioner asked the state’s Governorship and State House of Assembly Elections Petitions Tribunal to nullify the governorship election conducted in the state on March 9 and order for fresh elections without the participation of the All Progressives Congress (APC) and its candidate Idris.

In his petition filed before the tribunal on March 29, the APGA governorship candidate stated that by virtue of Section 177(c) of the 1999 Constitution as amended “a person shall be qualified for election to the office of governor of a state if inter alia: he is a member of a political party and is sponsored by that political party to contest the said election.

He further averred that “pursuant to Section 87(1) of The Electoral Act 2010 as amended, a political party seeking to sponsor or nominate candidates for elections under this section shall hold primaries for aspirants to all elective positions. In other words, by the combined provisions of the 1999 Constitution as amended and Electoral Act 2010 as amended, sponsorship of candidates for elective positions is only through the holding of primaries.

Citing Section 140(2) of the Electoral Act 2010 as amended Shinkafi stated that “where an election tribunal or court nullifies an election on the grounds that the person who obtained the highest votes at the election was not qualified to contest the election or marred by substantial irregularities or noncompliance with the provisions of this act, the election tribunal or court shall not declare the person with the second highest number of votes or any other person as elected, but shall order a fresh election.

He contended that Idris cited in the suit as the 1st respondent was as at the time of the Zamfara State governorship election, not qualified to contest the election on the grounds that he was not a sponsored candidate of a political party and was therefore not qualified for election to the office of the governor of a state.

The petitioners further averred that by the combined provisions of the 1999 Constitution (as amended) and the Electoral Act 2010 (as amended) sponsorship of a governorship candidate is only through the holding of primary elections otherwise known as special congress in the state with delegates voting for aspirants of their choice.

The petitioners maintained that the 2nd respondent, the APC did not hold any primary election in Zamfara State or special congress wherein the 1st respondent was nominated/sponsored as the governorship candidate of the 2nd respondent for the Zamfara State governorship election that took place on March 9, 2019.

Shinkafi and APGA further contended that the 3rd respondent, the Independent National Electoral Commission (INEC) as the watch-dog of political parties, was fully aware that the APC did not sponsor candidates across all elective positions in Zamfara State: the governorship, National Assembly and state House of Assembly elections. Consequently INEC by a letter dated October 9, 2018, titled “Failure to conduct party primaries in Zamfara State within the stipulated time wrote APC a formal letter appraising the party of the consequences of its failure to hold primaries and sponsor candidates in Zamfara State.

“INEC made it clear that APC will not be fielding candidates for the governorship, National Assembly and state Assembly elections in Zamfara State for the 2019 general elections.

The petitioners averred that the purported participation of the 1st respondent as the APC governorship candidate in Zamfara State held on March 9, 2019, had been rendered a nullity by the judgment of the Court of Appeal, Sokoto Division in appeal number CA/S/32/2019 Senator Kabiru Garba Marafa & others v Sanusi Lukman Dan Alhaji & others which was delivered on March 25, 2019.

The said judgment of the Court of Appeal, Sokoto Division, in appeal Number CA/S/32/2019 Senator Kabiru Garba Marafa & others v Sanusi Lukman Dan Alhaji &others which was delivered on 25th March 2019 had unanimously set aside the judgment of the Zamfara State High Court in suit Number ZMS/GS/52/2018 on the strength of which the 1st respondent and other APC candidates purportedly participated in 2019.

Shinkafi and APGA are asking the tribunal for a declaration that the 1st respondent at the time of the Zamfara State governorship elections conducted by INEC (the 3rd respondent) on March 9, 2019, was not qualified to the contest the said election because he was not sponsored by the APC (2nd respondent) as stipulated in Section 177(c) of the 1999 Constitution (as amended).

They are also asking for an order setting aside the purported return of the 1st and 2nd respondents as winners of Zamfara State governorship elections held on March 9, 2019.