The Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), has denied reports that he requested the Independent National Electoral Commission (INEC) to postpone elections in Zamfara State.
Malami said his attention was drawn to a recent publication by certain social media and conventional news outlets stating that his office had purportedly written INEC to postpone the elections in Zamfara State.
“The office of the Attorney General of the Federation wishes to emphatically reiterate that this report is false and misleading,” he said.
He added: “In our letter dated 13th February 2019 addressed to the INEC Chairman, the Attorney of the Federation in reacting to a petition from M.A Mahmud informing this Office of the subsisting Court of Appeal decision in CA/S/22/2019 which effectively upheld the APC primaries in Zamfara State, wrote to INEC informing them of this development and requested the commission to comply by extending the time within which the political party may field its candidate in the gubernatorial elections.”
Meanwhile, Mike Ozekhome (SAN) has written to INEC and the AGF, insisting that the poll must not be shifted, pointing out that the AGF was misled on the outcome of the appellate court’s decision.
Ozekhome is lawyer to Senator Kabiru Garba Marafa and 181 others who were respondents in Appeal No. CA/ S/ 23/ 2019.
The above appeal came up for hearing on Wednesday, February 13, 2019, before the Court of Appeal, Sokoto (coram, Justice Jumai Hannatu, JCA (presiding), Justice Ndukwe Anyanwu, JCA, and Justice Vincent Abiru, JCA.
The ruling of the appellate court has become subject of varying interpretations by different counsel.
“There was never a time that the Court of Appeal upheld the APC primaries in Zamfara State as valid,” Ozekhome told judiciary reporters in Abuja on Thursday.
He added: “This erroneous conclusion is no doubt based on the wrong interpretation accorded the ruling of the Court of Appeal.
“Consequently, there is no legal basis whatsoever for INEC to change its well informed position by acceding to the demands of M.A. Mahmud, SAN & Co, or the Hon. Attorney General of the Federation, to comply with the judgment of the Court of Appeal by admitting the results of the APC Zamfara State primaries and to also comply with the provisions of section 38 of the Electoral Act which empowers INEC to postpone the election for the governorship, National Assembly and House of Assembly elections.
“No such judgment exists anywhere. The only extant and existing ruling actually dismissed the appeal upon discontinuance along with the prayers of the 1st to 181 respondents to be fielded in and be allowed to contest the forthcoming elections.”
Ozekhome, therefore, urged INEC to discountenance and reject the prayers and requests of M.A. Mahmud, SAN & Co, those of Comrade Adams Oshiomhole, Chairman of APC as per his letter to INEC dated February 13, 2019.
“The views of the Attorney General of the Federation should also not count here.
“The prayers are clearly meant to circumvent the due process of the law as regards all matters that are already sub judice between the parties at various appellant courts in Abuja and the Sokoto Court of Appeal.
“The parties should allow the judicial process take its full course and await the outcome.
“It will amount to great injustice and undue favouritism for INEC to accede to the above prayers to the detriment of our aggrieved clients who have taken their grievances before courts of law for proper adjudication,” Ozekhome stated.
