INEC Dragged To Court Over Non Issuance Of Certificates Of Return To Zamfara Gov-Elect, Others

In the suit numbered: FHC/ABJ/CS/371/19, filed on Tuesday by Barrister Ebenezer Adabaki, the plaintiffs include Hon Zayyanu Salihu Haske, Chairman, Forum of Political Parties in Zamfara State, the governor and deputy governor-elect as well as 24 members-elect in the state. By the suit, the plaintiffs want the court to determine, “whether having regards to the provisions of sections 133 [1] and 155 of the Electoral Act, 2010 [as amended] and the Supreme Court decision in the case of Okunola vs Ogundiran [1961] All NLR 394, INEC can question the return, refuse, refrain and or neglect to issue certificates of return to the Governor-elect and the 24 members-elect of the Zamfara State House of Assembly, having been duly declared winners of the Governorship and State Assembly election held on March 9, 2019. “Whether the decision of INEC to suspend the issuance of certificates of return to the declared winners of the Governorship and State Assembly Elections in Zamfara State is not unlawful and abnegation of the lawful mandate and duties of the defendant.” Upon the favourable determination of the above questions, the plaintiffs seek: “A declaration that the defendant, having pronounced in favour of the 2nd to 27th Plaintiffs that they have satisfied all the requirements of the law and declared winners of the election, has a duty to issue them with the certificates of return. “A declaration that the defendant is under a lawful duty to issue certificates of return to the 2nd and 27th plaintiffs whom the defendant declared as winners of the 9th March, 2019 Governorship and State Assembly election in Zamfara State. “A declaration that the failure, refusal, neglect or suspension of the issuance of certificates of return to the 2nd to 27th plaintiffs as winners of the 9th Marc, 2019 Governorship and State Assembly election in Zamfara State is illegal, unlawful, unconstitutional, ultra vires.” More so, the plaintiffs want an order compelling the defendant to immediately issue certificates of return to the 2nd to 27th plaintiffs, being the elected Governor, Deputy Governor and members of the House of Assembly of Zamfara State respectively without further delay. In an affidavit deposed to by Sayyanu Haske, the deponent stated that he was aware that the defendant had earlier scheduled the 27th March 2019 for the presentation of certificates of return to 2nd to 27th plaintiffs, being winners of the 9th Marc, 2019 Governorship and State Assembly Elections in Zamfara State. “That I am aware that by a letter written by the Secretary to the defendant dated 28th March, 2019 and addressed to the Zamfara State Resident Electoral Commissioner of the defendant, the defendant suspended the said presentation of the certificates of return on the basis of the judgment in Appeal No: CA/S/ 32/2019, Senator Kabiru Garba Marafa & Ors Vs. Sanusi Liman Dan Alhaji & Ors. “The said letter and judgment is annexed as Exhibit ZHS2 and ZHSS respectively. That I am aware that Exhibit ZHSB is in respect of the primary election of the APC and has nothing to do with the presentation of certificates of return to declared winners of the general elections in Zamfara State.” No date has been fixed for the hearing of the suit as it has not been assigned to any judge.]]>