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Supreme Court upholds Wamakko's election

By ANDREW OROLUA, Abuja
Posted: Saturday, April 9, 2011

THE Supreme Court yesterday finally laid to rest the Governorship Election Petition suit before Sokoto Court of Appeal that sought to upturn the election of Governor Alhaji Aliyu Magatarkada Wamakko as it said "the appeal is dead and should be allowed to rest in peace". "The order of this court made on 26/11/10 dismissing Appeal No. CA/ S/ EP/ Gov/ 10/ 2009 pending at the Court of Appeal Sokoto as abuse of court process is immutable, as this court cannot overrule itself on the issue", the apex court held.
In a unanimous decision yesterday on the application brought by Alhaji Muhammadu Maigari Dingyadi and Democratic People Party [DPP] to set aside the portion of the judgment of the court delivered on 26 day of November, 2010, the justices said "this court can not remain passive in the face of an imminent effort to subvert the electoral process through abuse of court process and will not hesitate to use all power at it disposal to do substantial justice and deter selfish ambitions in the interest of peace and progress of the nation."
Delivering the lead judgment, Justice Olufunlola Oyelola Adekeye who gave details of the appeal said that she had "exposed the real masquerade which is the Sokoto Election Petition appeal "for the controversies it has generated.
According to the judgment, "The Supreme court did not suddenly assume the role of a knight errand looking for skirmishes to devour by usurping an election matter, where the 1999 constitution does not invest it with jurisdiction.
I repeat with emphasis based on the records that the genesis of the issue involved in the Sokoto election appeal ab initio is a pre-election matter which need not to have gone before the court of appeal Kaduna at all".
She noted that the Sokoto Election Petition which heard the matter [that is the complaint about Gov. Wamakko's nomination by the PDP] after the 2007 election, rightly and correctly declined jurisdiction. She further held that as a pre-election matter, the suit ought to have commenced at the Federal High Court or State High Court, Sokoto and terminate at the Supreme Court.
Giving further reasons why the Supreme Court will not revisit the case or reverse its earlier decision dismissing the appeals, Justice Adekeye said that the judgment of the apex court is the final on any issue determined by it. "It becomes functus officio of the powers of court to reopen it".
She said that the applicant did not meet any of the five conditions precedent for review of judgment and the Supreme Court has no jurisdiction to entertain an application for review of its judgment once it has been delivered except in situations of the narrow rule of the "slip rule" .
She said that the courts and legal practitioners owe the society a duty to interprete the laws particularly in election suits and in view of the pending election, as custodians of the rule of law in the development of Nigeria's democracy.
Justice Adekeye said that the electorate's wish can be subverted nor will the court close its eyes and allow desperate individuals to wrongly use the courts to secure a mandate otherwise denied them after going through the process of free and fair election at the poll.
She said the court has observed a new and unique species of abuse of court/legal process in the form of forum shop.