Supreme Court to rule in suit against Tambuwal Dec. 9

The Supreme Court will deliver judgment on December 9, 2016 in a suit challenging the propriety of nomination of Governor Aminu Tambuwal of Sokoto State by the All Progressives Congress (APC) for the election held in 2015.

Among issues for determination are swapping of delegates list at the December 2014 APC primary election conducted at Giginya Stadium in Sokoto and whether Tambuwal was nominated in compliance with provisions of the 2010 Electoral Act and the APC 2014 guidelines for the nomination of candidates for elective offices.

In the appeal filed by the appellants, Alhaji Umaru Dahiru and Barrister Aliyu Abubakar Sanyinna, who were governorship aspirants on the APC platform in the 2015 general election, the presiding judge, Justice Bode Rhodes Vivour fixed the date for ruling after submissions by various parties.

The appellants argued that the appellate court erred in law by holding that their joint suit has no life to sustain it simply because of the general election has been conducted.

Awa Kalu (SAN), who filed the brief on behalf of the two appellants, pleaded for reversal of the decision of the Court of Appeal which held that their suit had become an academic exercise by virtue of the election of Tambuwal.

The appellants also argued that the April 11, 2015 general election cannot take life out of their case or render it an academic exercise because it was filed on January 27, 2015 long before the general election was conducted.

The appellants claimed that several frivolous motions and applications were filed by the respondents at the Federal High Court in Abuja which they said delayed judgment delivery until after the general election.

While asking the apex court to invoke Section 22 of the Supreme Court Act to resolve the issue to finality, the appellants said the Section would empower the court to act as a court of first instance in the circumstance of the case.

Counsel to Tambuwal, who is one of the respondents in the matter, Sunday Ibrahim Ameh (SAN) argued that reliefs sought by the appellants at the Federal High Court have been overtaken by events such as the general election and the declaration of Tambuwal as winner of the April 11, 2015 election.

He urged the apex court to dismiss the appeal on the ground that it had become an academic issue.

Counsel to the APC, Jibrin Okutepa (SAN), aligned himself with the submission of Tambuwal.

Respondents in the appeal are the APC, INEC and Tambuwal.