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Nigeria: Court Quashes DPP's Bid to Stop Fresh Guber Poll in Sokoto
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Leadership (Abuja)
22 May 2008
Posted to the web 22 May 2008
George Agba
An Abuja Federal High Court yesterday refused prayers by the Democratic Peoples Party that it should suspend the fresh governorship election slated to hold in Sokoto State on May 24, 2008.
The court, headed by Justice Adamu Bello, held in its ruling on DPP's request that there was no way it could give such coercive order while the defendants in the suit are still challenging the jurisdiction of the court to try the case.
Justice Bello said he would have considered the party's application if his hands were not tied following the preliminary objection filed by the defendants.
DPP had filed the suit asking the court to stop the Peoples Democratic Party from presenting Alhaji Aliyu Magatarkarda Wamakko as its governorship candidate in the governorship poll re-run in Sokoto State.
The court had directed parties in the suit to file their written addresses, just as he was set to take the multiple preliminary objections together with the substantive suit together in order to fast-track hearing on the suit.
But DPP came up with an oral application seeking the court to order the suspension of the poll re-run pending when the case is determined.
Counsel to Wamakko, Chief Wole Olanipekun (SAN), opposed the application.
He said counsel to the plaintiff, Mr. Rickey Tarfa (SAN), had noted that the DPP had vowed earlier to ensure that the case was dragged to the Supreme Court.
According to Olanipekun, it is right for DPP to take the matter up to the apex court, but assuming the matter takes about two years does it mean the election would not hold?
The court agreed with Olanipekun's line of reasoning and threw out the oral application yesterday.
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Justice Bello ordered parties in the suit to file their written addresses and adjourned the case to June 6, 2008 for hearing on both the preliminary objections and the substantive suit.
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