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Paul Orude
A group of lawyers based in Bauchi State, under the aegis of Body Bauchi of Lawyers of Conscience (BOBALAC), has hailed the Federal High Court’s judgement quashing the suit filed by incumbent Governor, Mohammed Abubakar, which stopped the collation of the entire result of Tafawa Balewa Local Government Area.
Results from Tafawa Balewa LGA became contentious when the collation officer, Mrs. Dominion Anosike, while presenting her report said that armed thugs had disrupted the collation of the result and carted away the original results sheet.
Based on that the state Returning Officer, Prof. Kyari Mohammed, cancelled the results and directed INEC to conduct a re-run within 21 days.
The INEC headquarters then sent an investigative committee led by the National Commissioner, Information and Voter Education, Festus Okoye, to investigate the circumstances that led to the cancellation.
The Okoye-led committee, after its three days investigation, recommended that the collation of the Tafawa Balewa results be completed but Governor Mohammed, rushed to the court to stop the continuation of the process.
A Federal High Court sitting in Abuja presided by Justice Inyang Ekwo, granted the prayer and gave an order stopping the Independent National Electoral Commission from continuing with the collation of results from Tafawa Balewa LGA.
But in his judgement on Tuesday, Justice Ekwo dismissed the suit and directed INEC to collate the result of the local government area.
The convener of BOBALAC, Shipi Rabo, who spoke to journalists at a press conference on behalf of the group in Bauchi, described the judgement as a victory for democracy, the rule of law and triumph for the people.
He said that the judgement had regards for the relevant provisions of the Constitution, the Electoral Act 2010 (as amended) and other extant regulations.
He said: “It is our point that his Lordship Ekwo’s dismissal of the suit on the grounds of lack of jurisdiction represents the correct position of the law, that the subject matter of the suit falls within the purview of the jurisdiction and Election Petition Tribunal and not conventional, regular courts like the Federal High Court where the plaintiffs instituted the instant suit.”
Consequently, the group called on INEC to immediately resume collation of the results of the election from Tafawa Balewa local government.
Rabo who spoke on behalf of the group said: “The suit of the APC and governor that was dismissed moments ago represented a desperate attempt to scuttle the people’s victory on the matter.
“It was for all intents and purposes filed in bad faith. There was no point jumping the ship on the part of the plaintiffs. It would have been more reasonable and acceptable if they had waited for the collation and declaration process to be completed before resorting to any litigation if at all one is necessary.”
Rabo charged the incoming governor to ensure that he gives priority to good governance and delivery of dividends of democracy to the people of the state.
Also speaking, Barrister Jibrin S. Jibrin, hailed the judgement and called on Governor Abubakar to concede defeat.
He said: “As an indigene of Bauchi State, I welcome very heartily, the decision of the Federal High Court, Abuja division presided over by His Lordship, Justice Inyang Ekwo, to the fact that the suit filed by the APC and its governorship candidate, is one for which the court lacks the competent jurisdiction to entertain the matter and consequently, dismissed it.
“He is a lawyer, a very senior one at that, he should know what to do; in fact, the court told him he came to the wrong place; he should go to the election petition tribunal which was set up a week before the general elections.
“In view of what has characterised this election, the tension it has generated, it is clear that the people of Bauchi, have spoken in clear terms that they want a change. I urge the governor to concede defeat and let bygones be bygones.”
