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Dear Lawyers on the TL, are we paying attention to Zamfara? What is the implication of what is unfolding?
A Constitutional crisis may be on our hands.
I will explain my thoughts and await superior arguments.
Thread.
A Constitutional crisis may be on our hands.
I will explain my thoughts and await superior arguments.
Thread.
As things stand, APC, PDP and other parties participated in the scheduled elections in Zamfara State.
APC won most of the seats to my knowledge (I stand corrected).
Now the Court of Appeal has ruled that INEC ought not to have accepted nominations from the APC.
APC won most of the seats to my knowledge (I stand corrected).
Now the Court of Appeal has ruled that INEC ought not to have accepted nominations from the APC.
Stay with me.
INEC has announced that it will withhold Certificates of Return to the APC winners in compliance with the Court of Appeal decision.
A lot of people have interpreted that to mean that the mandate transfers to the PDP which came 2nd. It doesn't work like that.
INEC has announced that it will withhold Certificates of Return to the APC winners in compliance with the Court of Appeal decision.
A lot of people have interpreted that to mean that the mandate transfers to the PDP which came 2nd. It doesn't work like that.
In the most recent case of Victor Umeh vs Uche Ekwunife, INEC & Ors, Uche Ekwunife won the Anambra Central Senatorial Elections in 2015 defeating Victor Umeh. Umeh sued that she was not validly nominated. Appeal Court agreed. What was the judgment?
The Court of Appeal held that Victor Umeh could not be handed the mandate as he did not score the highest number of votes. It nullified the elections & ordered a rerun expressly barring the PDP which fielded Ekwunife from fielding a candidate.
The Court ruled that only the candidates fielded by the parties in the original election will participate in the repeat election except PDP. Ngige who was the APC Candidate declined to contest. Victor Umeh ran with unknowns & won. He became Senator.
Incidentally, in the just concluded 2019 elections,the same 2015 scenario is playing out again. Uche Ekwunife has won again. Again, Victor Umeh has sued that she was not validly nominated by the PDP as she decamped from the APC after close of nominations. A matter for another day
So what are the likely outcomes of Zamfara?
1. Supreme Court rules that APC candidates were validly nominated. Case closed.
2. Supreme Court rules that INEC ought not to have accepted nominations from the APC. Wahala.
Between now & when APC will rule, what is the status quo?
1. Supreme Court rules that APC candidates were validly nominated. Case closed.
2. Supreme Court rules that INEC ought not to have accepted nominations from the APC. Wahala.
Between now & when APC will rule, what is the status quo?
Time is ticking. The tenure of Abulaziz Yari is winding up. He has to leave on May 29. Who is he handing over to?
If Supreme Court rules that INEC ought not to have accepted nominations from the APC, is there still constitutional time to hold fresh elections without APC?
If Supreme Court rules that INEC ought not to have accepted nominations from the APC, is there still constitutional time to hold fresh elections without APC?
Because if the Supreme Court rules that INEC ought not to have accepted nominations from the APC, the PDP Candidates do not become winners going by Umeh vs Ekwunife. Fresh elections will be ordered excluding APC candidates with only those that ran the 1st election.
The constitution stipulates time for holding elections before the expiration of the tenure of the incumbent. Do we have time?
Ordinarily, the sitting Governor would hand over to the Speaker of the House in matters like this but the Members of the House are also affected.
Ordinarily, the sitting Governor would hand over to the Speaker of the House in matters like this but the Members of the House are also affected.
