The lawyer representing Senator Kabiru Marafa and 140 others in the suit challenging the APC primaries in Zamfara state has urged the Independent National Electoral Commission (INEC) to withdraw Certificates of Return from APC candidates in the state.
The lawyer, Chief Mike Ozekhome (SAN) in a letter to the Chairman of INEC, said the certificates of return were issued in error based on the judgement of the Court of Appeal in Sokoto voiding the APC primaries in Zamfara state.
He said “the legal consequences of the voided primaries are that no certificate of return shall be issued to a person who participated in the so called ‘election’ that never took place in the eyes of the law, having been predicated on a non-existent ‘primaries.”
Ozekhome said where a certificate of return has already been issued, “to such a pretender to the office, same is liable to be withdrawn forthwith, having been issued in grave error and breach of extant laws.”
He said in the event that the respondents in the suit appeal against the judgement of the Court of Appeal, there is ample 60 days between the filing of the appeal and the decision of the Supreme Court on the appeal.
He said this means that there is sufficient time between the final determination of the suit at the Supreme Court and the inauguration of the 9th National Assembly.
“We humbly urge you to use your good offices to withdraw the Certificates of Return already erroneously given to some Respondents in the above appeal,” Ozekhome concluded.
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