Dear All:
This is a very simple-case-made-difficult, and only a few SANs and SAMs like us can understand it....
Na wa o! It is more like a relief than a win....
But we shall see....
Bolaji Aluko
Shaking his head
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| Sokoto Governor, Aliyu Wamakko wins at Supreme Court |
| Written by Elombah.com |
| Friday, 26 November 2010 13:48 |
The Supreme Court today delivered judgment on the withdrawal of an interlocutory appeal made by the Democratic Peoples Party (DPP) governorship candidate, Alhaji Muhammadu Maigari Dingyadi, against Governor Aliyu Wamakko which will enable the Court of Appeal Sokoto Division to deliver its ruling on the disputed election.
This is a favourable ruling for Governor Aliyu Wamakko
The issue before the court is whether the Supreme Court, can for any reason, exercise subject-matter jurisdiction over a post-election dispute on gubernatorial matter pending before a Court of Appeal in the country?
That was one of the fundamental questions posed by gubernatorial candidate of the Democratic Peoples Party, DPP, Alhaji Maigari Dingyadi, forcing a full panel of the Supreme Court on October 14, 2010 to adjourn till November 26, today, for a ruling.
The apex court is also expected to pronounce on yet another request by Alhaji Dingyadi to withdraw an appeal he filed on pre-election issues touching on qualification of the incumbent state governor for the 2007 Sokoto State Governorship re-run election.
The position of the court on Dingyadi's request for withdrawal of his appeal is crucial because it will pave the way for the Court of Appeal in Sokoto to deliver judgment in an appeal filed by the party challenging the election of the state governor, Alhaji Aliyu Magatagrda Wamakko.
The circumstances surrounding the re-run governorship election which produced the incumbent governor, Wamako had caused serious ripples within the judiciary.
The electoral dispute had pitched the Supreme Court against the Court of Appeal.
While the leadership of the Court of Appeal under Justice Ayo Salami is bent on reviewing the case perhaps with the aim of disqualifying Wamako, the Supreme Court under Justice Iyorger Katsina Alu is of the view that the sleeping dog should be allowed to lie.
In fact, the proceedings in the case at the two apex courts have assumed the similar controversy surrounding Sokoto governorship election in 2007.
For instance, the Supreme Court had on March 15, this year ordered the Court of Appeal sitting in Sokoto not to deliver a judgment in an appeal challenging the re_election of the Sokoto State Governor, Alhaji Aliyu Magatakarda Wamako.
The court made the order after the counsel to the governor, Chief Wole Olanipekun SAN told the court that the Appeal Court in Sokoto had issued a notice to deliver judgment in the case on March 16.
Efforts by the counsel to the Democratic Peoples Party, Mr. Rickey Tarfa SAN to stop the apex court from stopping the justices of the Court of Appeal from delivering the judgment was abortive.
Tarfa had explained to the Supreme Court's justices that the appeal before the Supreme Court had been withdrawn and that it had nothing to do with the judgment to be delivered in Sokoto.
But the Justices disagreed as they held that the appeal before them would be rendered nugatory if the Court of Appeal delivered judgment on the matter.
It was that order that tied the hands of the justices at the Sokoto Court of Appeal.
At the October 14 2010 hearing, Dingyadi's lawyer, Prince Lateef Fagbemi, SAN, said his client wanted the appeal dismissed because he was no longer interested in pursuing it.
But Wamakko, his party, the PDP and the Independent National Electoral Commission opposed the application to withdraw the appeal.
They argued that there were outstanding matters to be resolved before the appeal could be withdrawn.
They also argued that there were two similar appeals pending before the Abuja Court of Appeal and the Sokoto Court of Appeal on the same issue.
According to them, it was an abuse of court process for Dingyadi to file two appeals in respect of the same subject matter at two different courts of same hierarchy.
They said that it was trite when an abuse of court process is established, that the penalty is the dismissal of such suit.
They, therefore, argued that Dingyadi could not withdraw his appeal voluntarily.
They, however, said that should the apex court be willing to allow Dingyadi to withdraw his appeal, they asked the apex court to make an order dismissing not only the appeal before it but also the appeal pending before the Sokoto Court of Appeal in order not to subject the judiciary to ridicule.
They invited the law lords to hold that even though the case before the Sokoto Court of Appeal was started as a post election matter but that the issues therein flowed from the issues in the appeal before it.
Replying them, Fagbemi said that the Supreme Court's rules of procedure allowed his client to withdraw the suit voluntarily.
He also told the apex court that the appeal sought to be withdrawn was an interlocutory appeal and was not against the final judgment of the Court of Appeal.
On the first poser which touches on the powers of the Supreme Court to exercise jurisdiction on post election dispute on gubernatorial poll, both parties on October 14 also locked horns on the correct interpretation of Order 8, Rule 6(1) and (2) of the Supreme Court rules.
They also urged the justices of the court to give a community interpretation of the provisions of sections 232, 233 and 246 of the 1999 constitution as they affect the apex court's constitutional powers to exercise subject-matter jurisdiction on the appeal before the Sokoto Court of Appeal.
After taking arguments from all the parties, on that October 14, the court adjourned ruling till November 26.
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