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Godwin Tsa, Abuja
A Federal High Court has stopped the Independent National Electoral Commission (INEC) from proceeding with the collation, concluding and announcing of the result of the governorship election in Bauchi State held on March 9, 2019.
Justice Inyang Ekwo issued the order following an ex-parte application filed by the All Progressives Congress (APC) and the incumbent governor of Bauchi State, Mohamed Abubakar.
The enrolled order of the court signed by the registrar of the court, Mrs. T. O. Ijeoma reads: “It is hereby ordered as follows: that parties shall maintain status quo ante these proceedings pending the determination of the substantive matter of this case.
“Case adjourned to March 20, 2019, for hearing.”
The plaintiffs had through an ex parte motion filed and moved by their counsel, Ahmed Raji (SAN), prayed the court for an order of interim injunction restraining INEC from resuming, concluding or announcing the result of the Tafawa Balewa Local Government Area of Bauchi State in respect of the election to the office of Governor of Bauchi State.
When the motion was heard on Monday, Justice Ekwo in his ruling ordered INEC to appear before him on Tuesday to show cause why the order sought by the two plaintiffs ought not to be granted.
However, instead of complying with the order of the court, INEC represented by a Senior Advocate of Nigeria (SAN), Tanimu Inuwa at Tuesday’s proceedings approached the court with a motion challenging its jurisdiction.
Responding, counsel to the plaintiffs, Raji, objected to the application of INEC, informing the court that the order issued on Monday asking the commission to show cause why the requests of the plaintiffs should not be granted had not been obeyed.
Raji informed the court that the business before the court was to determine whether the earlier order had been complied with.
He drew the attention of the court to a press statement issued by one Festus Okoye, INEC National Commissioner and Chairman Information and Voter Education Committee, dated March 15, 2019, announcing that the electoral body would resume collation of the Bauchi governorship election, adding that except the court granted the interim order, the subject matter of the two plaintiffs would be destroyed.
INEC counsel, Inuwa, admitted that the order had not been complied with and requested to address the court orally on the issue but the request was refused by the judge.
Justice Ekwo held that since the ex-parte application was in writing and duly served on INEC it behoved on the defendant to appear before the court with a written or formal response.
In his bench ruling, the judge granted the interim injunction restraining INEC from resuming, concluding and announcing the governorship election result in Bauchi State pending the determination of all issues raised by the plaintiffs in their originating summons.
Justice Ekwo also granted an accelerated hearing in the matter and ordered parties to appear before him on Wednesday, March 20, 2019, to present their positions in the substantive matter.
The plaintiffs in their originating summons marked FHC/ABJ/CS/299/2019 are challenging the decision of INEC to resume collation of results of the election that was earlier declared inconclusive.
They prayed the court to compel the electoral body to go ahead with a rescheduled election slated for March 23 instead of reversing itself on the earlier announcement.
Meanwhile, the electoral body in its counter affidavit urged the court to dismiss the suit on the grounds that it lacked jurisdiction to entertain it.
The affidavit deposed to by Hassan Adamu, an officer of INEC, stated: “Contrary to paragraph 22 of the affidavit in support of originating summons, I state that the decision by the defendant to conclude collation for Tafawa Balewa Local Government Area of Bauchi State was made based on the figures contained in the duplicates of results of the election.
“Contrary to paragraph 29 of the affidavit in support of originating summons, I state that:
“Only Election Petition Tribunal has the jurisdiction to review the decision of the commission.
“The decision of the returning officer referred to is in respect of the declaration of scores and return of candidate which is the exclusive reserve of the Election Petition Tribunal.
“The defendant having rescinded its earlier decision based on facts that emerged later and made a return, any grievance arising there from now rests with the Election Petition Tribunal.
“The availability of polling units results made the defendant rescind its decision to conduct the supplementary election.
“Contrary to paragraph 30 of the affidavit in support of originating summons, I state that the plaintiffs’ right to fair election (if any) will not be affected in any way.
“Contrary to paragraph 31 of affidavit in support of originating summons, I state that none of the voters voting populace of Bauchi State will be disenfranchised, with the elections having been concluded.
“Contrary to paragraph 32 of the affidavit in support of originating summons, I state that the instant action is targeted at stopping the performance of a constitutional duty.
“Contrary to paragraph 33 of the affidavit in support of originating summons, I state that the plaintiffs do not have any threatened right capable of being protected.
“Contrary to paragraph 34 of the affidavit in support of originating summons, I state that the issues raised in this application are not triable by this Honourable Court same bordering on return at an election.
“Contrary to paragraph 35 of the affidavit in ‘support of originating summons, I state that all eligible voters have cast their votes leading to a return and once that is the case, this Honourable Court is divested of the jurisdiction to entertain this case.”
