The All Progressives Congress member representing Zamfara Central Senatorial District, Kabir Marafa has written the President of the Court of Appeal, Justice Zainab Bulkachuwa over the delay in the constitution of the appeal panel to entertain the Zamfara APC primary election tussle.
The senator in a letter by his counsel, dated 13th March, and addressed to Bulkachuwa, said the delay in the constitution of the panel would likely deny him justice.
The case with reference, CA/32/2019/ Sen Kabiru Garba Marafa &142 others, was part of the pre-election litigations that trailed the failure of the APC to conduct primaries/consensus in Zamfara state.
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.
“This is 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, an 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 effluxion 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 timeous action.”
Marafa further alleged that the Zamfara State Government, with the support of some former governors, was working against his interest in the case.
He said, “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 matter 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 National Working Committee, but Governor Abdul Aziz Yari and the chairman of his faction, who is now a “member elect” for Kaura Namoda constituency in the State House of Assembly, announced the result of a so-called primaries conducted by the state chapter of the APC.”
He called on the acting Chief Justice of Nigeria and the secretary of the National Judicial Council, to as a matter of all urgency intervene and ensure that the panel was constituted and the matter given an 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 said.