The All Progressives Congress gubernatorial candidates in Sokoto State, Umaru Dahiru and Abubakar Sanyinna have filed for the dismissal of Aminu Tambuwal.
The two former Governorship aspirants petitioned the Court of Appeal after the suit against Tambuwal was dismissed by the Federal High Court in Abuja .
The appellants on July 6 filed their notice of appeal against the High Court’s judgment delivered by Justice Gabriel Kolawole on June 23, 2017, through their counsel, Mr. Tunde Falola.
They requested that the Appeal court “set aside the decision of the learned trial judge and grant the appellants’ prayers in the originating summons.”
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In the originating summons filed before the Federal High Court, they asked the court to remove Tambuwal from office on the grounds of irregularities of the APC primaries from which Tambuwal emerged. They accused delegates who voted during the primary election of not being accredited.
Justice Kolawole, however, ruled that plaintiffs on the grounds of lack of evidence to substantiate the claims of alleged irregularities.
They have therefore in theirnotice of appeal, accused Justice Kolawole of not properly assessing the evidence put before the court “as to the accreditation”, describing the judgement as “miscarriage of justice.”
The plaintiffs argued that “The appellants, by affidavit and documentary evidence presented before the court particularly paragraphs 11, 12, 13, 14, 15,16, and 17 of the further affidavit of Senator Umaru Dahiru sworn to on April 13, 2017 and Exhibits O and P attached thereto, have substantially demonstrated that no delegate was accredited before the conduct of the said primaries”.
They added, “The learned trial judge erred in law when he heavily relied on Exhibit M which is the purported report by the third respondent (INEC) in coming to a conclusion that there was accreditation of the second respondent (Tambuwal) during the conduct of the purported governorship primaries of the first respondent (APC) held in Sokoto State on December 14, 2014.”
“There is nowhere the number of accredited delegates was specifically mentioned to have justified the learned trial judge’s findings.
“The mere mention of ‘the party submitted a typed agenda for the primary that started with accreditation of delegates’ without more is not enough for inference of accreditation by the learned trial judge.”