Falana seeks judicial review of court judgments favouring mainly APC governorship candidates
By Jeph Ajobaju, Chief Copy Editor
Human rights activist Femi Falana, SAN has sought urgent judicial review of contradictory Appeal Court judgments that tend to sack Peoples Democratic Party (PDP) Governors and others of opposition parties in favour of those of the All Progressives Congress (APC).
He cited the firing on November 17 of Kano Governor Abba Yusuf of the New Nigeria Peoples’ Party (NNPP) and Plateau Governor Caleb Mutfwang (PDP) who was removed on November 19.
Mutfwang was sacked two days after he expressed confidence the Appeal Court would do justice by denying report the jurists had allegedly collected $5 million from President Bola Tinubu’s goons to get rid of him.
With the judgment coming to pass as anticipated by APC henchmen – who leaked the report to the press as a boast – Mutfwang would have realised by now that he was at best naïve and at worst presumptuous in his earlier grandstanding rubbishing the report.
The PDP has accused Tinubu of plotting to impose a one-party state on Nigeria by scheming for the APC to swallow up completely or decimate opposition parties.
Falana argued on Channels Television the Appeal Court judgments against the two Governors and similar others should be reviewed, reiterating the Independent National Electoral Commission (INEC) fail to conduct proper elections which give cause to courts having to determine election winners rather than voters.
He said the votes of Nigerians should not be nullified by courts because of the negligence of the INEC, which should not have cleared candidates chosen by parties without primary elections.
He insisted thousands of votes should not be invalidated by courts because INEC officials fail to stamp ballot papers, and election matters should be concluded before inauguration of the winner.
The Appeal Court has recently sacked three Governors the INEC declared winners, all three in opposition parties:
The court removed
- Yusuf (NNPP) and declared Nasir Gawuna (APC) winner of the election.
- Zamfara Governor Dauda Lawal (PDP) when it declared the election inconclusive about eight months after.
The court ordered the INEC to conduct a fresh election in three council areas. The major contestants are Lawal and Bello Matawalle (APC).
- Mutfwang (PDP) and ordered the INEC to issue a Certificate of Return to Nentawe Goshwe (APC).
The Appeal Court held the PDP violated a court order that a valid congress be conducted in the 17 councils in Plateau.
But the court affirmed the election of Lagos Governor Babajide Sanwo-Olu despite allegations of certificate forgery and primary election irregularities, among others.
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INEC fails to perform due diligence, says Falana
Falana said the INEC failed to perform due diligence before and during the elections, and urged those dissatisfied with the Appeal Court verdicts to go to the Supreme Court, per Vanguard.
“If you look at what happened in Lagos, it is different from what happened in Plateau. You are being told in Plateau that there was a judgment of the High Court to the effect that primaries have to be conducted,” he said.
“The judgment, as usual, was dishonoured and disobeyed and the election went on.”
“It is different from Kano where you are being told that voters can be punished. It is a very dangerous judicial policy to sanction voters for the mistake of electoral officers.
“We are being told that 165,000 votes are wasted, they are invalid because some electoral officers committed an error by not stamping them.
“I do hope that this time around the Supreme Court will resolve these needless controversies surrounding the non-stamping of ballot papers by INEC officials who have not been recommended for any sanction.
“This is why these judgments will have to be reviewed.”