- Senator Kabiru Marafa has written the President of the Court of Appeal, Justice Zainab Adamu Bulkachuwa
- The Zamfara senator's letter is due to the in the constitution of the appeal panel to entertain the APC governorship primaries tussle in the state
- Senator Marafa said the delay in the constitution of the panel is likely going to to deny him justice
Chairman of the Senate committee on petroleum (downstream), Senator Kabiru Marafa, has written the President of the Court of Appeal, Justice Zainab Adamu Bulkachuwa over the delay in the constitution of the appeal panel to entertain the Zamfara All Progressives Congress (APC) governorship primaries tussle.
Marafa in a letter by his counsel dated Wednesday, March 13, addressed to Bulkachuwa, said the delay in the constitution of the panel is likely going to to deny him justice.
The case number CA/32/2019/ Senator Kabiru Garba Marafa and 142 others, was part of the pre-election litigation that trailed the failure of the APC to conduct primaries/ consensus in Zamfara state.
Part of the letter read: “My lord, refer to our letter of concern (copy attached hereto) in which we had respectfully requested that the present panel hearing the above appeal recuses itself for the reasons already humbly adumbrated in the said attached letter dated 4th March 2019.
“The appeal came up on the 13th March, 2019 before the Sokoto Division of the Court of Appeal. My Lord to our surprise, the court did not sit but merely sent the court registrar to inform all counsels and parties concerned that it has recused itself from hearing the appeal; but without any word as to the constitution of another panel to hear the appeal or as to what date the matter will now come up for hearing before a new panel.
“This letter is therefore a SOS to your lordship to kindly and urgently constitute a new panel to hear our client’s appeal. The urgency of this letter and your timely action are underlined by the very fact that this appeal is constitutionally time-lined and same will expire on the 27th March 2019 constitutional effusion of time. Where that happens, the appeal itself would lapse and die prematurely due to no fault of the appellants.
“We therefore respectfully appeal to your Lordship to kindly and urgently constitute a new panel to hear our appeal immediately. We look forward to your kind and timely action, Sir."
Senator Marafa went on to say, “There is a grand conspiracy by the Zamfara state Government with the active support of some former governors and some Abuja politicians to frustrate the case, so that the 60 days for pre-election mater will elapse. What that means is the case will die a "natural" death and the aggrieved party will not have the chance of going to the Supreme Court for redress.
“APC constitution vested the powers to conduct primary Elections on its NWC, but the whole world witnessed Gov Yari live on Channels Television with the chairman of his faction, who is now a "member elect" for Kaura Namoda constituency in the state House of Assembly, announcing result of a so-called primaries conducted by the state chapter of the APC (Yari faction) in the premises of their factional headquarters. This is clearly against our constitution and the party's constitution.”
He called on the acting Chief Justice of the Federation and the secretary of the National Judicial Council (NJC), to as a matter of all urgency intervene and ensure the panel is constituted and the matter given accelerated hearing.
“Looking at the whole issue and the plight of the people of Zamfara state, the matter should be allowed to get to its logical conclusion, in the interest of justice and fair hearing,” he concluded.
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Meanwhile, senators from the APC and the Peoples Democratic Party (PDP) on Wednesday, March 13 traded words in the upper chambers of the National Assembly.
The heated exchanges were due to the conduct of the just concluded 2019 general elections.
The disagreements began after a Point of Order raised by Senator Dino Melaye (Kogi, PDP), in which he called on the Senate to debate the way and manner the elections were conducted by the Independent National Electoral Commission across the country.
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