Federal High Court in Abuja on Monday slated May 26, 2015 to rule on whether there is still an issue in the suit challenging the emergence of the Speaker of the House of Representatives, Alhaji Aminu Waziri Tambuwal, as the governorship candidate of the All Progressives Congress in the just concluded gubernatorial poll in Sokoto State.
When the matter came up on Monday, Tambuwal, who is now the Sokoto State governor-elect, told the court, through his counsel, Jibril Okutepa (SAN), that the suit filed by Senator Umaru Dahiru challenging his candidacy as APC governorship candidate in Sokoto State has become an academic exercise and that the court should decline jurisdiction to hear and determine the matter.
According to Okutepa, in paragraphs 2.40, page 7 of the plaintiffs’ written address, it was stated that reliefs E to G, which would have conferred utility value on the plaintiffs, are no longer tenable due to afflusion of time and occurrence of events.
He said: “The suit has become academic and when a court lacks jurisdiction to entertain a matter, it does not have the inherent jurisdiction to give life to the matter.
“I want the court to hold that the suit has become academic and should decline jurisdiction.
“Let the plaintiffs wait till 2019 to try their luck.”
Counsel to the 2nd defendant (APC) in the suit, Sunday Ibrahim Ameh (SAN), alligned himself with Okutepa’s submission and adopted the written submissions of the 1st defendant in the matter.
Ameh added however that reliefs A to D of the plaintiffs seek only constitutional intepretation.
He said any declaration by the court will have no constitutional or electoral significance to the parties before the court because election had already been held and a winner had emerged.
The plaintiffs’ counsel, Chief Awa Kalu (SAN), urged the court to hold that the matter is alive, insisting that there is a reasonable cause of action.
Kalu said the plaintiffs were not indolent, just as he urged the court to invoke its powers to look into its records and exercise the power in order to determine whether or not the plaintiffs were indolent as claimed by the defendants.
Meanwhile, the APC had asked for the transfer of the matter to the Sokoto State Division of the Federal High Court
In the suit, the plaintiffs – the Chairman of the Senate Committee on Judiciary and Human Rights, Senator Umaru Dahiru, and Sanyinna are asking the court to determine whether the procedure for the nomination and/or sponsorship of candidates for the elective offices recognised by the Electoral Acts 2010 and the constitution of the Federal Republic of Nigeria 1999 (as amended) is within the exclusive domain of Section 87 of the said Electoral Act.
The trial Judge, Justice Evoh Chukwu, adjourned till May 26, 2015 to decide whether the matter has live issues or not.