By Muhammad Lawal
Birnin Kebbi, Aug. 24, 2022
The Federal High Court sitting in Birnin Kebbi, Kebbi State capital on Wednesday, lamented that absence of the Independent National Electoral Commission (INEC)’s lawyers was affecting the court proceedings.
News Agency of Nigeria (NAN) recalls that Umar Mohammed-Jega dragged his party, All Progressives Congress (APC), Kabiru Labbo-Jega and INEC before the court.
The complainant is asking the court to declare him winner of the primaries conducted on May 27 by the party.
At resume sitting, the presiding judge, Justice Babagana Ashigar expressed worry over the attitude of counsel to the third defendant (INEC) in the case.
While regretting the defendant’s counsel’s absence in court, the judge lamented that there was no communication to the court registry about their absence.
According to him, INEC are the statutory body that will assist the court in determining pre-election matters, especially political party primaries.
“INEC are mandated to monitor political parties’ primaries to authenticate the winner and have their report documented,” he said.
He said the commission needed not to be selective in appearing before the court, instead, they should be neutral in discharging their responsibilities.
In another case, Halima Hassan-Tukur vs APC, Yusuf Tanko-Sununu and INEC, counsel to INEC was also absent.
However, after counsels to plaintiff and other defendants started adopting their final written addresses and preliminary objections, counsel to INEC, Ahmad Bello-Mahmud, announced his appearance.
The court sought explanation on why he was absent in the two cases.
Bello-Mahmud, who is also the INEC Resident Electoral Commissioner in Kebbi State, said he was only appearing for two cases namely, Shehu Mohammed-Bello vs Shehu Mohammed-Koko, APC and INEC and that of Halima Hassan-Tukur vs APC, Yusuf Tanko-Sununu and INEC.
He said he was not aware that counsel to INEC had been absent in some cases, assuring that he would notify the INEC headquarters being the resident electoral commissioner in the state.
He apologised for his late coming as well as for the absence of counsels in other cases.
NAN recalls that of the six pre-election cases before the court, five are awaiting judgement in view of the fact that counsels to both plaintiffs and defendants had adopted their final written addresses and preliminary objections.
In the sixth case, Shehu Mohammed-Bello vs Shehu Mohammed-Koko, APC and INEC, the plaintiff had closed his case.
The presiding judge adjourned the case to Aug. 29 for opening of defence by the defendants.
