Declare Ahmed Aliyu as duly elected Governor, Izinyon urges, as Court reserves Judgment
By Bashir Rabe
Tuesday November 19,2019
Dr Alex Izinyon, SAN, the Lead Counsel of the Gubernatorial Candidate of the All Progressives Congress (APC), Alhaji Ahmed Aliyu Sokoto and the Party in the 2019 General and Supplementary Elections, has urged the Court of Appeal , Sokoto Division, to declare Aliyu as the duly elected Governor of the state .
Izinyon made the prayer on Tuesday , in Sokoto, when the four-man Gubernatorial Appeal Panel led by the Presiding Judge, Justice Husseini Mukhtar, sat .
Aliyu and the APC had on 16th October, 2019, filed the Appeal before the Court, challenging the Judgement of the Lower Tribunal delivered on 2nd October, 2019, thereby dismissed Aliyu’s Petition.
The Petition had challenged the declaration of the Candidate of the Peoples Democratic Party ( PDP), Alhaji Aminu Waziiri Tambuwal, as the winner of the General and Supplementary polls conducted by the Independent National Electoral ( INEC), on 9th and 23rd of March , 2019, respectively.
In his submission, Izinyon , urged the Court to allow the Appeal and set aside the Judgment and findings of the Lower Tribunal.
He prayed the Court to also grant all the reliefs sought by the Appeal,either to return Ahmed Aliyu as elected Governor or alternatively order for fresh elections .
According to him, ” having been satisfied, to return the 1st Appelant as the Governor of Sokoto State, or alternatively, in the likely event , grant alternative reliefs, having led claims to non compliance .”
The Lead Counsel of INEC, Barrister T.N. Inuwa, SAN, urged the Court to dismiss the Appeal for lacking in merit .
The Lead Counsel of Governor Aminu Waziiri Tambuwal, Barrister S. I. Amen, also prayed the court to dismiss the Appeal, for lacking in merit
Aare Olumiyiwa Akinboro, SAN, the Lead Counsel of the PDP, also urged the Court to uphold the decision of the Lower Tribunal and dismiss the Appeal , for lacking in merit .
Meanwhile, Counsels for Governor Aminu Waziiri Tambuwal and the PDP, have filed a Cross Appeal before the Court .
Ameh said that , the Cross Appeal was against the ruling of the Trial Tribunal delivered on 2nd October, 2019.
He urged the Court to allow the Cross Appeal and set aside the ruling of the Trial Tribunal, as well as make any other consequent orders as itemized .
Ameh, wants the Court to among others, disqualify the 1st Petitioner and 2nd Cross Respondent from the Gubernatorial elections conducted on 9th and 23rd March ,2019 as in the first case , he was not qualified.
Izinyon , who spoke for the 2nd and 3rd Cross Respondents , urged the Court to dismiss the Cross Appeal , as it is academic and frivolous.
The Presiding Judge, Justice Husseini Mukhtar , reserved the Judgment in the Main and Cross Appeals , saying, ” the Judgment will be ready in a short frame of time and we will communicate when it is ready .”