BEVERLY HILLS, CA, NOVEMBER 01, (THEWILL) – The Independent National Electoral Commission (INEC) has been ordered to return the certificates of returns of 10 Katsina lawmakers.
The Court of Appeal sitting in Abuja gave the order on Friday as it affirmed an earlier judgment of a Federal High Court, Abuja which voided the withdrawal of the certificates by INEC.
The appellate court also said the leadership of the National Assembly erred when it inaugurated the new lawmakers after INEC issued them with Certificates of Return.
The judgment of the court was in favour of two Senators: Abdu Umar ‘Yandoma and Ahmad Sani Stores as well as eight former members of the House of Representatives, namely Murtala Isa, Muntari Dandutse, Musa Salisu, Aminu Ashiru, Umar Adamu Katsayal, Muhammad Tukur, Tasi’u Doguro, and Abdu Dankama.
Those occupying the seats presently are Ahmed Babba Kaita, Salisu Salisco, Umar Abubakar, Salisu Daura, Isa Doro, Sani Mashi, Abbas Machika and Dr Mansur Funtua of the House of Representatives. Other are Senators Abubakar Yar’adua and Hadi Sirika.
Presiding judge, Justice Jimmy Bada, who led other four justices to hear the appeal, said the High Court was right to have dismissed the objection raised by the appellants (the lawmakers issued with the new certificates of return).
“There is no court of competent jurisdiction that declared the appellants as winner in the election.
“The respondents (those whose certificate of returns were withdrawn) were duly sworn-in and I am of the view that the court below has the powers to entertain the case of the respondent.
“The certificates of return issued to the appellants are a nullity. The court below was right in dismissing the objection of the appellants. INEC issued the certificates of return without order from any court or tribunal.”
After the high court’s judgment, Senators Sadiq Yar’Adua (Katsina Central) and Senator Hadi A. Sirika (Katsina Central North), and eight members of the House of Representatives approached the court of appeal to set aside the judgment of the high court.
They asked the court to set aside the judgment of the high court that voided the certificates of return issued to them by INEC in December 2011.
The lawyer representing the appellants, Mr. John Olushola Baiyeeshea SAN, said the appeal, which raised four issues for the court’s determination, was not a pre-election matter and that the federal high court had no jurisdiction to hear and make pronouncement on it.
He argued that the issuance of certificates of return and alleged withdrawal of the certificate were post-election matters which could only be entertained by an election tribunal.
He asked the court to uphold the appeal and set aside the judgment of the trial court.
The respondents, through their counsel, submitted that their case at the trial court was for the court to interpret section 75 of the Electoral Act, 2010 (as amended) and to declare whether INEC had the power to unilaterally withdraw the certificate of return issued to them without the pronouncement to that effect by a court of competent jurisdiction.
