3rd November, 2010
Proceedings into the consolidated suits filed by Adamawa, Kogi and Sokoto states challenging the decision of the Independent National Election Commission, INEC, to conduct gubernatorial elections in their respective states was this morning stalled by an applicant who sought to be the suit.
Governors Ibrahim Idris, Murtala Nyako and Aliyu Wamakko were incensed with the decision of the electoral umpire to conduct gubernatorial elections in their respective states in the forthcoming 2011 general election irrespective of the fact that there were fresh elections in their states after that of 14th April, 2007 were nullified and the governors still emerged winners of the fresh elections conducted in the states.
When the case came up this morning for the adoption of briefs by parties, one Mr. Michael Zira represented by his counsel; Mr. Godwin Sunday Ogboji informed the court that he seeks to be joined in the suit as a co defendant. Mr Ogbiji contended that his client is a member of National Transformation Party, one of the registered political party in Nigeria who wishes to contest for the gubernatorial election in Adamawa state and that his interest may be affected by the resolution of the consolidated suit. He urged the court to grant his client leave to be joined as a party in the suit as a co defendant. Mr. Ogboji relied on the provisions of Order 9 Rule 5 of the rules of the Federal High Court to seek for the joining of his client whom he said has commenced serious preparations and consultations with stakeholders in Adamawa state in line with his desire to effect change in the governance of the state.
The lawyer further stated that his client had to resort to joining in the suit as he was shocked that Governor Murtala Nyako had instituted a suit to prevent INEC from conducting gubernatorial election in the state which he said will invariably deny the people of Adamawa state their civic right of electing a candidate of their choice in the forth coming general election being proposed for April 2011.
Counsels to the Governors who are plaintiffs in the consolidated suit each opposed the application and accused Mr. Michael Zira of being a meddlesome interloper whose only interest is to truncate the determination of the suit.
Mr. Kalu Agabi, a senior advocate of Nigeria and counsel representing Governor Nyako in his opposition to the application told the court the proper person who can seek to join in a constitutional matter such as the instant one is the political party and not an individual purporting to be a member of a political party. He is of the opinion that if any party should be joined, that it should be the National Transformation Party which ought to have brought the application to join in the suit and not Mr. Zira.
He also argued that the applicant is not even a gubernatorial candidate of the party as we have not reached that stage in our current political process since no registered party in Nigeria has conducted primaries to elect their candidates. He urged the court not to allow the applicant to join in the suit.
On his part, the Attorney General of the Federation and Minister of Justice; Mr. Mohammed Bello Adoke, represented by Chief Adeniyi Akintola, also a senior Advocate of Nigeria, likened the attempt by Mr. Emmanuel Zira to join in the suit as that of a man struggling for a space in the bedroom when he is yet to be allowed into the compound. He argued that the applicant is nothing but a meddlesome interloper and a busy body who should not be allowed to come in and truncate the proceedings in this all important matter.
Onyechi Ikpeazu, a senior advocate and representative of INEC also joined the fray in calling on the court to shut its doors against the applicant in view of the seriousness which the matter requires.
Justice Adamu Bello thereafter adjourned further deliberations on the matter to 9th November to rule on whether or not to allow Mr. Emmanuel Zira to be made a party in the suit.
—Nnamdi Felix / Abuja