The Supreme Court has dismissed the bid by Governor Aminu Waziri Tambuwal to stop a court’s action challenging the validity of his nomination for the 2015 governorship election by the All Progressive Congress (APC).
To this end, the ordered for the retrial of the pre-election matter at the Federal High Court to determine the merit of the case.
The Apex Court held that the nomination of Tambuwal by his party should be challenged by another governorship aspirant, Senator Umaru Dahiru on the ground that he has sufficient justifiable cause.
In a unanimous decision of a five man panel of the Supreme Court Justices, the Apex Court held that to agree with Tambuwal that the primary election that produced him cannot be challenged by another governorship aspirant is to allow democracy to be murdered by the governor.
In the lead judgement by Justice Musa Dattijo Mohammed and read by Justice Chima Nweza, the apex court set aside the decision of the court of appeal that the court action instituted by Senator Dahiru against Tambuwal had been overtaken by events on the strength of the election of the governor
The Supreme Court said that the Appeal Court erred in law by holding that the event had overtaken the case of the appellant simply because the governorship had been conducted after the primary election.
The Apex Court therefore ordered that a Federal High Court in Abuja should retry the case on its merit and make decision as demanded by law.
Senator Dahiru had challenged the conduct of the Primary Election that produced Tambuwal as Candidate of APC on the ground that it was fraught with fraud because the original list of the delegate for primary election was swap in favour of Tambuwal.
By this development, the Federal High Court in Abuja will now determine the matter on its merit as ordered by the Supreme Court.