Date Published: 03/04/10

CJN/Supreme Court Decision: Who is Politicising the Sokoto Election Appeal Case? By Abdullahi Usman Jabo Esq ausmanjabo@yahoo.com

Of all the election petition cases since 1999, none has received much attention, publicity and shrouded in mystery than that of Wamakko vs Dingyadi in Sokoto state. Arising from 2007 general elections, the case had initially resulted in the outright sack of Wamakko as governor and re-run gubernatorial election. But for the perceived contradiction in the Kaduna Appeal Court verdict which annulled the election based on the established evidence that Wamakko was as at April 14, 2007 not eligible to contest the election but surprisingly ordered that only parties and candidates in the Election result sheet could participate in the re-run election.

No sooner was the verdict passed than DPP approached the Judiciary for interpretation of what was considered contradictory portion of the judgment: Wamakko’s illegibility to contest the April 2007 election and legibility to participate in the re-run election in 2008. Typical of our judicial system, such interpretation is yet courageously offered. As usual, INEC organized the re-run gubernatorial election on May 24, 2008 with Wamakko being the candidate scoring the highest votes. Kudos to the Iwus of Democratic Nigeria!

On its part, the Judiciary set up Election Petition Tribunal in respect of the re-run election and had for long passed its verdict, with majority and minority pronouncements. The issue of determination remained on whether or not Wamakko was eligible to contest the re-run gubernatorial election. The learned men of the Tribunal did their best and bowed out.

The case thereafter moved to its final bus stop: Appeal Court. The case was thoroughly heard, examined, opposed and defended on January 2010 at the new Court of Appeal Sokoto. Later, the Court wrote to inform all parties to the case that the judgment date was February 24, 2010. This action by the Court simultaneously sparked a series of accusations and counter-accusations and allegations against the Appeal Court judges handling the case.

On February 19, 2010, PDP petitioned the National Judicial Council (NJC) alleging, among other things, that the judges have been compromised to pass verdict in favor of DPP. Simultaneously, hooligans went in rampage, holding the seat of Caliphate to ransom for complete one week to convince whosoever care to listen that the verdict should favor PDP or else Sokoto would sink underneath the desert soil dunes. Also, the state-controlled media embarked on propaganda to scare the Court from acting independently and based on facts and evidence at hand and merit of the case.

Surprisingly, as the judgment day approached, the Chief Justice of Nigeria (CJN), Katsina-Alu, directed that all proceedings relating to the Appeal Court be halted until the Supreme Court considers the petition received from PDP. The apex court fixes March 15, 2010 for the case. In this way, the PDP grand plan to truncate the Sokoto gubernatorial case is now in high stage of implementation. The CJN has offered to play to the gallery the PDP’s treachery to subvert the independence of the Appeal Court on election matters in particular and to tarnish the image of our judicial officers in general.

Rightfully, as the Appeal Court sat on February 24, the President Judge declared that the judgment was ready to be read out but would be reserved as the petition by PDP to NJC touches on judges’ individual and collective integrity. That they have to first face the NJC to clear themselves of the allegations labeled against them before judgment could be delivered by the Appeal Court.

It should, however, be recalled that problem arose with the Kaduna Appeal Court judgment which contradictorily annulled the Sokoto Gubernatorial election based on fact that Wamakko was not eligible to contest April 2007 general election and at same time ordered that parties and candidates on election results sheet could participate in the re-run exercise.

Amazingly, it was DPP, and not PDP, that had since April 11, 2008 when the judgment was delivered that had been shuttling between one court and another seeking for interpretation of the judgment. Hence, why should PDP now run to the apex court to seek for the judgment they have all along claimed is clear and non-ambiguous?

Why now, when an Appeal Court was to make a pronouncement on the eligibility or otherwise of PDP’s participation in the re-run election?  Why the delay in seeking for an interpretation of a judgment delivered in April 2008?

Another pertinent question remains: why should PDP wait for Katsina-Alu’s ascension to CJN before penetrating the nation’s highest judicial career office to undermine the respected legal profession? Why should it be now, and why should Katsina-Alu be the right tool to hammer down the once gigantic stature of legal profession?

Already DPP appellant’s counsel, Messrs Rickey Tarfa have announced the withdrawal of Appeal filed by the candidate at the Supreme court pursuant to order 11 rule 1 of Court of Appeal rules 2007. In their statement dated 22 nd of January, 2010 the appellant’s counsel have informed the Supreme Court to discontinue the case against all the respondents in the matter mentioned at the appeal. So, on what basis did the Supreme Court halted the proceedings of the Appeal court on the matter?

Most disturbing is the lackadaisical attitude shown on the matter by the Nigerian Bar Association (NBA). While the CJN is openly making mockery of our revered judicial system, the Association keeps mute over the matter. It’s unfortunate! It’s expected that by now the NBA s hould have convened and made its stand on the matter clear, so that one greedy individual does not subvert the independence and integrity of our legal system.   

To this end, the Sokoto legal tussle shall continue to linger on; based on the perception that justice might this time around tilt towards an unusual direction. Who knows what the apex court might say on March 15? A pronouncement by it could drastically alter the whole legal case to pave way for the favourite party to emerge victorious. Anyway, that’s Nigerian version of Rule of Law and Independence of the Judiciary. May God help us.

Abdullahi Usman Jabo Esq

Faculty of Law

ABU Zaria