Senator Umar had alleged that the December 4, 2014 governorship primary of the All Progressives Congress (APC), which produced Tambuwal, was fraught with irregularities having breached Section 87 of the Electoral Act, 2010, the APC 2014 Guidelines for the Nomination of Public offices, and the 1999 Constitution of the Federal Republic of Nigeria.
However, counsel to Tambuwal, Jibrin Okutepa (SAN) yesterday asked the court to strike out the pre-election suit having been overtaken by events, since he not only participated in the election but also emerged victorious.
Tambuwal was elected governor of Sokoto State at the April 11 elections with a total of 647,609 to defeat the PDP candidate, Senator Abdallah Wali who scored a total of 269,074.
Okutepa, who was supported by counsel to APC, Sunday Ameh (SAN), argued that continuing with the suit which has no live issue, would amount to mere academic exercise with the emergence of Tambuwal as Sokoto state governor.
Besides, the defence counsel are challenging the mode of the commencement of the suit, which they contend ought not to be by originating summons instead a writ of summons is suitable for the kind of claim by Umar.
But Dahiru’s counsel Awa Kalu (SAN) disagreed with the defence, insisting that the issues raised in the suit remain alive. He therefore asked the court to proceed with the hearing of the originating summons.