A Federal High Court in Abuja has slated judgment for March 25
this year in the case filed by the Governor of Bauchi State
Mohammed Abubakar and the All Progressives Congress (APC)
challenging the decision of the Independent National Electoral
Commission (INEC) to resume collation exercise in the state’s
gubernatorial election.
INEC had declared the election inconclusive on the grounds that
the number of cancelled votes was higher than the margin of lead
between the two top political parties.
The electoral body later announced it would resuming collation
because it found out that the number of cancelled votes was
tampered with, stating instead of 2,533, 25,330 was written, a
decision Abubakar and the APC are now challenging in court.
It is the plaintiffs’ contention that INEC has no power to
overrule the pronouncement of the Returning Officer, who had
declared the election inconclusive.
The plaintiffs, represented by Ahmed Raji (SAN), asked the court
to determine whether any other person or body, except a court of
competent jurisdiction, has the powers to overrule a returning
officer whose pronouncement ought to be final in an election
process.
INEC, represented by Tanimu Inuwa (SAN), filed an objection, in
which it argued that the court lacks jurisdiction to entertain any
case that deals with issues of an election or any of its processes.
The commission claims that such cases ought to be heard by the
election petitions tribunal.
While arguing his client’s case on Thursday, Raji contended that
elections petitions tribunal could only entertain cases where a
return has been made by the INEC returning officer, but where no
return has been made, as is the case in Bauchi, the election
petitions tribunal is powerless.
He added: “If the court shut us out, by saying it has no
jurisdiction, and the election petitions tribunal shut us out
because a return has not been made, to whom shall we go? We would
be left in the lurch. Do not leave us in the lurch, my Lord.”
He argued that while INEC consulted with the various political
parties before it declared the election inconclusive, the
commissioner reversed the decision and unilaterally announced that
collation would resume, in violation of his clients’ right to fair
hearing.
Raji urged the court to overrule INEC’s objection to the suit
filed by his client’s prayers but to grant them the reliefs they
sought.
On his part, Inuwa said that the Electoral Act did not allow any
court to entertain any issue bordering on election or any of its
processes, and since what was being argued is the issue of
collation of result, which is an election process, the court lacked
jurisdiction to hear the matter.
He contended that, INEC, being an independent body, did not need
to consult anyone before taking any decision on an election matter,
hence the issue of denying the APC and Abubakar fair hearing does
not arise.
Inuwa added that since the election was not yet completed,
Abubakar and the APC ought to have waited for a return to be
made.
He added that it was only after a return is made that the
plaintiffs can approach the election petitions tribunal with their
complaints, rather than jumping the gun and coming to the federal
high court which, according to him, clearly lacks jurisdiction in
the matter.
After listening to arguments from parties, Justice Inyang Ekwo
adjourned to March 25 for judgment.
Read more court-schedules-judgment-for-march-25-in-bauchi-gov-poll/

Ganduje Commissions N270mn Gidan Zakka Road
Gov. Abdullahi Umar Ganduje of Kano state, on Thursday evening,
commissioned the 1.1 kilometer Gidan Zakkah – Kofar Waika road in
Kano metropolis, constructed by his administration, at the cost of
about N 270 million.
Performing the function, Gov. Ganduje explained that the project
was conceived following the noticeable hardship faced by commuters
within the densely populated area, particularly during the rainy
season.
“This project is one of the road projects we constructed in Kano
city to ensure easy flow of traffic and to generally reduce
flooding, since some of the old roads do not have culverts. As you
can see this road has concrete gutters and will soon be fitted with
street lights”.
“As we can see, change is visible within this area as the
quality of homes and indeed the environment is looking modern while
people can now use their vehicles’ conveniently. Even those walking
on foot will be happier as pavements have been constructed”.
Dr. Ganduje expressed the commitment of his administration to
ensure speedy completion of more roads especially in the state
capital to consolidate its urban renewal programme.
“Because of our population and the arrival of people to do
business, our city is growing and gradually becoming a mega city.
This means that we must invest in critical infrastructure like
roads to facilitate movement of goods and services”.
The governor called on the people in the Goron Dutse – Kofar
Waika axis of Kano city to make good use of the road and to support
the government to enable it accomplish its vision.
In his remarks, the state Commissioner for Works, Housing and
Transport, Engr. Aminu Aliyu Wudil explain that street lights would
be installed at designated points along the road while the Kofar
Waika Gate would be reconstructed at the end of the road, to
preserve the state’s history and culture.
He disclosed that the second phase of the road, which would
cover Kofar Waika to Dawakin Tofa would commence before long.
Ameen K. Yassar
Director General, Media and Publicity,
Government House, Kano
