Niger State governorship election petition tribunal has struck out
the application by counsel to the All Progressive Congress (APC)
governorship candidate and incumbent governor, Abubakar Bello, seeking
to disqualify the lead counsel to the petitioner and People’s Democratic
Party (PDP) candidate, Alhaji Umar Nasko
The lead counsel to Governor Bello and APC, Mr. Samuel Okutepa, SAN,
had at the resumed sitting in Minna, sought the tribunal to disqualify
Alhaji Abdulmalik Ndayako who is the leading counsel to the PDP
candidate on the grounds that he (Ndayako) was the running mate to the
petitioner in the election.
Mr. Okutekpa in the application vehemently objected to Abdulmalik
Ndayako representing the petitioner, arguing that he was an active
participant in the matter that brought about the petition.
According to the counsel, Abdulmalik Ndayako was the running mate to
Alhaji Umar Mohammed Nasko as such under the law could not represent
himself in the case.
But in his response to the application, counsel to Umar Nasko, Alhaji
Abdulmalik Ndayako, described the position of the lead counsel to the
petitioner as an attempt to waste time, saying that the law allowed him
to represent himself and the petitioner in the case before the tribunal.
Ndayako quoting Rule 20 Sub section 1 of the professional ethics law,
Section 3 of the 3rd amendment to the electoral act and Section 285 of
the 1999 Constitution said under the law, he could represent the
petitioner.
In the ruling on the application in Minna on Sunday, the Chairman of
the tribunal Justice J. Igboji dismissed Okutepa’s application, saying
that Ndayako is eminently qualified to represent the petitioner on the
ground that he (Ndayako only contested the election as the deputy
governorship candidate and was not part of the decision making of INEC.
The tribunal further held that Ndayako was not listed as a witness in
the case, and that the tribunal could not at that point speculate
whether or not he would become a witness in the case.
According to the tribunal, Ndayako’s name had not being mentioned in
any of the processes that would warrant his disqualification, pointing
out that the tribunal does not deal in speculations.
In his reaction, counsel to the PDP and the party’s candidate
described the position of the tribunal as “very right” saying that “they
have vindicated our stand on the application.”
On his part Mr Okutekpa said it was the responsibility of counsels to
make applications and that of the tribunal to rule “in this case the
tribunal has taken a stand.”
Asked if he would appeal the ruling Mr Okutekpa said: “I can’t say
yes or no until I discuss with my client; I don’t act on the impulse of
myself, if I have instruction why not?”
The tribunal will continue its sitting on Tuesday.