The Taraba State governorship candidate of the All Progressives Congress (APC) in the last election, Hajia Aisa Alhassan and her party have faulted a request by the Independent National Electoral Commission (INEC) for the relocation of the election tribunal to the state.
The President of the Court of Appeal, Justice Zainab Bilkachuwa, empowered under the Constitution to constitute election tribunals in respect of disputed elections, set up the Taraba governorship tribunal in Abuja owing to security challenge in the state.
INEC, in a motion, challenged the sitting of the tribunal in Abuja. It argued that the tribunal ought to sit in the state where the election was held.
It also noted that the state’s legislative election tribunal was currently sitting in Jalingo, the state capital. INEC urged the tribunal to relocate to the state.
In a counter-argument yesterday, lawyer to Alhassan and APC, Mahmud Magaji (SAN), faulted INEC’s request, wondering why the electoral umpire was more concerned about the location of the tribunal than the other respondents.
“INEC is crying more than the bereaved. The main respondents to this petition (Governor Darius Ishaku and his party, the Peoples Democratic Party) have not challenged this tribunal’s decision to sit in Abuja,” Magaji said.
He wonderd why INEC, with its headquarters in Abuja, was uncomfortable with the tribunal’s sitting in Abuja.
Magaji argued that since INEC was, by its motion, challenging the Court of Appeal President’s exercise of her constitutional power, it should go before the Federal High Court.
While urging the tribunal to note the decisions of the Akwa-Ibom and Rivers states governorship tribunals in similar motions, Magaji urged the tribunal to dismiss the motion by INEC.
He also prayed the tribunal to grant his application for extension of time, which INEC objected to.
The Akwa-Ibom and Rivers states tribunals had, in separate rulings, held that their relocation to Abuja, on grounds of security, was constitutional. They consequently assumed jurisdiction over petitions on governorship elections in both states.
Lawyers to Ishaku and the PDP (whose victory are being challenged by the petitioners) Kanu Agabi (SAN) and Solo Aguma were indifferent to the tribunal’s sitting venue. They left decision on the issue to the tribunal’s discretion.
The petitioners are challenging the outcome of the last governorship election in Taraba State, won by Ishaku of the PDP.
Alhassan and her party are of the view that the election was marred with irregularities.
Tribunal Chairman, Justice Musa Danladi Abubakar has fixed ruling for today.
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