30th March, 2011
Attempts by former Speaker of the House of Representatives; Alhaji Aminu Bello Masari, to rekindle his gubernatorial ambition through an application for stay of execution before a Federal High Court in Abuja suffered a set back on Wednesday as the court threw out his application for stay of execution of the court’s judgment . The judgment had stopped his ambition for the governorship position of Katsina State under the platform of the platform of the Congress for Progressive Change, CPC, in the forthcoming 16th April governorship election.
Masari has gone before the Abuja Court of Appeal to challenge Justice Kafarati’s judgment which held that Senator Lado is the authentic gubernatorial candidate of the CPC in Katsina State.
In a motion on notice filed through his Counsel, Mr. John O Baiyeshea, a Senior Advocate of Nigeria, Masari sought for an order of injunction restraining Senator Lado and the 44 others who filed the initial suit before the Federal High Court in Abuja from giving effect to the Judgment pending the hearing and determination of his appeal before the Appeal Court.
While throwing out Masari’s application for stay of execution, Justice Abdul Kafarati affirmed his earlier judgment which recognized Senator Yakubu Garba Lado as the authentic candidate of the CPC in Katsina State as well as the candidature of 43 other candidates contesting for the Senate, Federal and State Houses of Assembly in the state.
Senator Lado and his running mate, Abdulaziz Yar’adua had earlier asked the court to stop the party from submitting the name of former Speaker of the House of Representatives or any other candidate other than theirs to Independent National Electoral Commission, INEC, as the governorship and deputy governorship candidates of the party for the election.
Justice Kafarati, in his judgment held that CPC has no option than to submit Senator Lado’s name to INEC as its authentic governorship candidate for the Katsina State governorship election.
The Judge, who dismissed Masari’s preliminary objection, said Lado’s action was properly brought before the court, saying that they have reasonable cause of action as they are the authentic candidate of the party in Katsina State.
The former speaker and the CPC had filed an objection to Lado’s suit on the ground that the way and manner a party elect or nominate its candidate for any elective position is an internal affairs of the party and that the court lacks the jurisdiction to entertain the suit.
Justice Kafarati in his judgment noted that in view of the amendment to the 1999 constitution of the federal republic of Nigeria that the election or nomination of party’s candidate ceases to be solely an internal affairs of the party because the amended constitution provides that any aggrieved member of the party can sue if the process for electing or nominating the party’s candidate violate the party guidelines and the Electoral Act which are tailored in line with the constitution of the country.
By Nnamdi Felix / Abuja