Court didn’t nullify our primaries – APC | Nairalaw

Faulting INEC decision to withhold the APC candidates’
certificates of return, he said, “We wish to state that issues of
law of this nature are regulated by an order of court or court of
law and not by opinion of counsel via a mere letter from
chambers.

“May we further emphasise that in the entire judgment of the
Court of Appeal, there was neither a positive order made against
our clients nor in favour of the appellants.

“Thus, it will be wrong of the commission to rely on the mere
speculative letter of the appellants’ counsel at this stage when
elections have already been concluded and winners have emerged. The
only institution that is empowered to make a positive order in
respect of this subject matter is the court of law, and no court of
law has made or given an order to that effect.”

Quoting section 235 (3) of the 1999 Constitution as amended, the
solicitor states that, “the law is trite, right of appeal to the
Supreme Court is constitutional and no court or any person can take
it away by mere letter.

“We urge you and the entire commission to discountenance the
letter of Mike Ozekhome (SAN), wherein there was no position order
at the court of appeal.”

Mahmud, SAN, also argued that the judgment of their Lordships
which did not contain any positive order in favour of the
appellants was supported by the provisions of section 285 (13) of
the 1999 Constitution (4th alteration as amended).

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Following the judgment of the Court of Appeal, INEC on Tuesday
suspended issuance of certificate of return to the Governor-elect
of the state, Alhaji Muktar Shehu.

The commission said in a tweet on Tuesday that it had been
served with the judgment of the appeal court and was studying
it.

The tweet read, “INEC has been served with the judgment of the
Court of Appeal, Sokoto Division, concerning the candidates of the
APC in Zamfara and is studying same.

“Consequently, the presentation of certificate of return to the
Zamfara governorship and state House of Assembly members-elect
scheduled for Wednesday, March 27, has been suspended.”