Senior Advocate of Nigeria, Mike Ozekhome
The Court of Appeal sitting in Abuja on 21st February, 2019,
dismissed the appeal filed by APC challenging the judgment of
Justice Ijeoma Ojukwu, which had affirmed INEC’s stand that the APC
did not conduct any primary election in Zamfara state and that INEC
was right to have rejected APC’s candidates from Zamfara state. The
dismissal followed an application by APC to withdraw the appeal.
The application was granted and the appeal dismissed
accordingly.
Next was the cross appeal filed by Yari & Co on jurisdiction
and cause of action. The judgment given by the Court of Appeal
today clearly stated that the appeal partially succeeded and went
ahead to set aside the judgment of the lower court on jurisdiction
only, but refused to grant the cause of action component of the
appeal. By this, the Court of Appeal refused to grant INEC any
order to revive candidates of the APC from Zamfara state. The cross
Appeal therefore partially failed because, from the onset, APC had
a complaint against INEC only.
Governor Yari A.A had applied to join the case voluntarily. And
Justice Ijeoma Ojukwu, in her judgment held that APC did not seek
any reliefs against the second to 6th defendants” (i.e, Governor
Yari and co).Therefore, considering the fact that Governor Yari and
co did not file any counter claim or cross Appeal against the APC’s
suit, she had gone ahead to hold that Yari and co “have
nothing to add to this case”.
From the foregoing, it is clear that the cross Appeal by Yari
and his group before the Court of Appeal, having partially failed,
becomes at best, a mere academic exercise bereft of any utilitarian
value to the entire case. The false assertion that the Court of
Appeal had cleared the way for the APC to participate in Saturday’s
election is therefore a lie from the pit of hell. It is nothing
short of the desperate manoeuvers by frustrated politician holding
on any available straw to smuggle themselves willy nilly into
Saturday’s election. This cannot work.
INEC is hereby reminded that there exists in addition to the
above legal obstacles, a subsisting appeal which arose from the
Zamfara state High Court judgment which is still extant and pending
before the Sokoto division of the Court of Appeal , in Appeal no:
CA/S/32/2019. In any event, the judgment of the Federal High Court
, going by the judgment of the Court of Appeal still partially
succeeded, since the Court of Appeal refused to make any clear
mandatory orders directing INEC to receive any candidates from Yari
group for the purpose of Saturday’s elections.
INEC is therefore obligated and legally bound to stand by its
earlier well founded position that APC, having never conducted any
primaries in Zamfara state, have no candidates in the forthcoming
elections in Zamfara state, except the presidential election. Any
other act by INEC in fielding any candidates from the Governor
Yari’s group or the “G-8” group will be illegal, unconstitutional,
null, void and of no effect whatsoever.
Chief Mike Ozekhome, SAN, OFR, FCIArb, Ph.D,
LL.D, Counsel to Senator Kabiru Marafa and his group.
Read more the-status-quo-remains-on-apc-zamfara-imbroglio-ozekhome-san/

NAF Boosts Security in Taraba State
In its quest to further enhance security on the Mambilla Plateau
in Taraba State, the Nigerian Air Force (NAF) has provided a mobile
Jet A-1 fueling facility to enable the refueling of NAF Helicopters
that would operate out of the 23 Quick Response Wing (23 QRW)
Nguroje.
In addition, the NAF has provided motorcycles as well as other
equipment and tactical gear to Special Forces personnel in the Wing
to enable them more effectively carry out their assigned task.
The action is in fulfillment of the promise made by the Chief of
the Air Staff (CAS) , Air Marshal Sadique Abubakar, during his
maiden operational visit to the 23 QRW on 19 January 2019.
During the visit, the CAS had promised that he would continue to
do all within his power to provide the needed logistics support and
resources that would enable the Wing function more effectively and
efficiently in ensuring peace and security in the area. The general
public is therefore encouraged to go out in mass to exercise their
voting rights as their security is assured.
IBIKUNLE DARAMOLA
Air Commodore
Director of Public Relations and Information
Nigerian Air Force