*Parties to maintain status quo pending determination of the case
*INEC queries court’s jurisdiction to hear the motion
*Says only election tribunal can entertain post-election matters
*Fixes wednesday for the hearing of substantive suit
By Samuel Itsede
A Federal High Court in Abuja Tuesday ordered the Independent National Electoral Commission (INEC) to stay action in respect of its planned resumption collation of the suspended results for Tafawa Balewa Local Government in the last governorship election in Bauchi State.
Justice Inyang Edem Ekwo, in a bench ruling Tuesday ordered parties in a suit by the All Progressives Congress (APC) and the incumbent Governor, Muhammed Abubakar to maintain the status quo.
The judge ordered, “That parties shall maintain status quo ante pending this proceeding pending the determination of the substantive matter of this case.” The judge subsequently adjourned to March 20 for hearing.
The judge made the order following INEC’s failure to comply with the earlier order made on Monday (March 18) for it to appear on March 19 and show cause why the reliefs sought by the plaintiffs in their motion ex-parte should not be granted.
APC and Abubakar had, in their motion ex-parte prayed the court for two reliefs:
An order of interim injunction restraining the defendant/respondent whether by Itself or acting through its agents, privies or any person on its behalf, howsoever described, from resuming, concluding and/or announcing the collation of the results of the Tafawa Balewa Local Government Area of Bauchi State in respect of election to the office of the Governor of Bauchi State held on 9’” March, 2019, pending the hearing and determination of the plaintiff/applicant’s motion on notice.
Secondly, an order of accelerated hearing and abridgement of time to two days within which the defendant/respondent is to enter an appearance and file its response in defence of the suit.
Rather than granting the reliefs ex-parte, the court, on Monday ordered INEC, listed as the sole defendant in the suit to show cause why the plaintiffs’ reliefs should not be granted.
The judge said: “The defendant is hereby ordered to appear in court on 19th March 2019 to show cause why the orders prayed on the motion ex-parte ought not to be granted.”
When parties got to court yesterday, INEC, represented by Tanimu Inuwa (SAN) told the court that the electoral body has filed a counter-affidavit to the plaintiffs’ originating summons.
He also made an oral application, challenging the jurisdiction of the court to hear the motion filed by APC and Abubakar, which he said could only be entertained by an election tribunal.
Raji, SAN, objected to Inuwa’s position, insisting that INEC was yet to comply with the court’s order for it to show cause why the reliefs sought by the plaintiffs should not be granted.
The judge said while INEC could not challenge the court’s jurisdiction by oral application, the counter-affidavit did not qualify as an affidavit showing cause.
He consequently ordered parties to maintain the status quo as things were before the court’s proceedings and adjourned to Wednesday, March 20 for hearing.
INEC, in its counter-affidavit, deposed to by Hassan Adamu, an officer of INEC, queried the court’s jurisdiction to hear the case brought by APC and Abubakar.
It stated that contrary to paragraph 22 of the affidavit in support of originating summons, I state that the decision by the defendant to conclude collation for Tafawa Balewa Local Government Area of Bauchi State was made based on the figures contained in the duplicates of results of the election.
“Contrary to paragraph 29 of the affidavit in support of originating summons, I state that: Only Election Petition Tribunal has the jurisdiction to review the decision of the commission.
“The decision of the Returning Officer referred to is in respect of the declaration of scores and return of candidate which is the exclusive reserve of the Election Petition Tribunal.
“The defendant having rescinded its earlier decision based on facts that emerged later and made a return, any grievance arising there from now rest with the Election Petition Tribunal.
“The availability of polling units’ results made the defendant to rescind its decision to conduct the supplementary election.
“Contrary to paragraph 30 of the affidavit in support of originating summons, I state that the plaintiffs’ right to a fair election (if any) will not be affected in any way.
“Contrary to paragraph 31 of the affidavit in support of originating summons, I state that none of the voters voting populace of Bauchi State will be disenfranchised in the elections having been concluded.
“Contrary to paragraph 32 of the affidavit in support of originating summons, I state that the instant action is targeted at stopping the performance of a constitutional duty.
“Contrary to paragraph 33 of the affidavit in support of originating summons, I state that the plaintiffs do not have any threatened right capable of being protected.
“Contrary to paragraph 34 of the affidavit in support of originating summons, I state that the issues raised in this application are not triable by this Honourable Court same bordering on return at an election.
“Contrary to paragraph 35 of the affidavit in support of originating summons, I state that all eligible voters have cast their votes leading to a return and once that is the case, this honourable court is divested of the jurisdiction to entertain this case.”
Subsequent to the court order the Independent National Electoral Commission, yesterday, suspended the collation of the governorship election results of Tafawa Balewa Local Government Area and the subsequent announcement of the result.
The Resident Electoral Commissioner, of the state, Ibrahim Abdullahi, disclosed this at a press conference at the Prof. Mahmood Yakubu Conference Hall, INEC Headquarters in Bauchi yesterday.
He said, “ the court has restrained the Independent National Electoral Commission from continuing with the collation and subsequent announcement of the result of Tafawa Balewa Local Government Area as it affects the Governorship election .”
