By Abdallah el-Kurebe
The Sokoto State Election Petition Tribunal has received the first petition since its inauguration by the President of the Court of Appeal, Justice Monica Bolna’an Dongban-Mensem, on February 20, 2023.
ASHENEWS reported on Wednesday that the tribunal, as at yesterday had not received any petition since it was established.
However, the candidate of the Peoples Democratic Party (PDP), for the Sokoto South II Constituency, and the Petitioner in the matter, Mohammed Malami Ahmed, on Thursday, filed a petition challenging the declaration of the candidate of the All Progressives Congress (APC), Aminu Garba Gidado as winner of the Assembly seat for the Constituency.
Joined in the petition No. EPT/SK/SHA/01/2023 are the All Progressives Congress, and the Independent National Electoral Commission (INEC), as second and third Respondents, respectively.
Speaking in an exclusive interview with ASHENEWS in his office on Thursday, the lead counsel to the Petitioner, Barrister Fardinand Okotete said his client’s decision to approach the Tribunal and challenge INEC’s declaration of Gidado as winner of the Sokoto South II Constituency, is premised on the ground that “at the time of the election, the 1st Respondent, Gidado was not qualified to contest the election.
“The election of the 1st Respondent was invalid by reason of corrupt practices and/or non-compliance with the provisions of Electoral Act, 2022 (as amended); and INEC Regulations and Guidelines for the Conduct of Election 2022.
“The 1st Respondent was not duly elected by majority of lawful votes cast at the said election,” Okotete told ASHENEWS.
Stating facts in support of ground 1, the lead counsel told ASHENEWS that “The 1st Respondent lied under oath having filled in his form EC9 (Affidavit in support of personal particulars) dated 5th July, 2022 that he had never presented a forged certificate to the 3rd Respondent previously.
“The 1st Respondent in Petition No. SS/EP/TR/SSL/A/03 was held to have presented a forged certificate to the 3d Respondent, same judgement was upheld and validated by the court of Appeal, Abuja Division on the 16h of January, 2004 in Appeal No. CAKIEPNA/44/03.”
Okotete portended that his client would rely on a “A Certified True Copy of the said judgement of the National Assembly/Governorship and Legislative Houses election tribunal as well as a Certified True Copy of the Court of Appeal Abuja division,” at the hearing of this petition.
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According to the lead counsel, “The 1st Respondent willfully and deceitfully refused to admit in his form EC9 (Affidavit in support of personal particulars) for the purpose of the election of the March, 2023 that the 1st Respondent once violated Section 107(1)) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“The 1st Respondent is consequently not qualified to contest the Election to Sokoto State House of Assembly for Sokoto South II Constituency conducted on the 18th March, 2023 by the 3rd Respondent having lied under oath regarding the requirement to state the truth as captured in Section 107 (1)(i) in the 1st Respondent FORM EC9,” he further told ASHENEWS.
The Petitioner sought the following reliefs:
A. That the 1st Respondent act of lying under Oath in Form EC9 (Affidavit in support of personal particulars) having once presented a forged Certificate to the 3rd Respondent as held by a court of competent jurisdiction in 2003 and 2004 respectfully disqualifies the 1st Respondent from being declared as duly elected by the 3rd Respondent as the winner of Sokoto South II Constituency into the Sokoto State House of Assembly elections held on the 18TH MARCH, 2023.
B. That the 1st Respondent act of lying under Oath in Form EC9 (Affidavit in Support of personal Particulars) by willfully and deceitfully refusing to admit in his Form EC9 (Affidavit in support of personal particulars) that he once violated Section 107(1)(i) of the Constitution of the Federal Republic of Nigeria 1999 (as. amended) disqualified the 1st Respondent from contesting and being declared as duly elected member of Sokoto State House of Assembly representing Sokoto South II Constituency by the 3rd Respondent.
C. That the 1st Petitioner Mohammed Malami Ahmed being the person with the Second highest number of valid votes cast at the election of 18th March, 2023 for the Sokoto South II Constituency into the Sokoto State House of Assembly be declared duly elected by this Honorable Tribunal.
D. That the 1st Respondent, Aminu Garba Gidado of All Progressive Congress (APC), the 2nd Respondent was not duly elected or returned by the majority of lawful votes cast at the election for the office of Member House of Assembly for Sokoto South II Constituency held on 18h March, 2023 having lied under Oath in Form EC9 (Affidavit in Support of personal Particulars).
E. That the Election for the office of Member Sokoto State House of Assembly Sokoto South II Constituency held on 18″ March, 2023 is invalid by reason of Corrupt Practices and Non-compliance with the provision of The Electoral Act 2022(as amended) and INEC REGULATIONS and GUIDELINES for the CONDUCT of ELECTIONS 2022.
F. That the 1st Respondent, Aminu Garba Gidado of All Progressive Congress (APC) and the 2nd Respondents were not duly elected or returned by majority of lawful votes cast at election for the office of member, Sokoto South II constituency held on 18h March, 2023.
G. That the Certificate of return issued to the 1st Respondent, Aminu Garba Gidado of the All Progressive Congress (APC) for the office of Member, Sokoto State House of Assembly for Sokoto South II for the election 18h March, 2023 is null and void and of no effect whatsoever.
H. That the 1st Petitioner, Mohammed Malami Ahmed of Peoples Democratic Party, the 2nd Petitioner should be returned as Member, Sokoto State House Assembly for Sokoto South II Constituency in the election held on 18th March. 2023.
I. That the 3rd Respondent be directed forthwith to issue to the 1st Petitioner, Mohammed Malami Ahmed with a Certificate of return as Member, Sokoto State House of Assembly for Sokoto South II Constituency in the election held on 18th March, 2023.
