MEMBER of House of Representatives, Alhaji Aminu Mohammed Dan Bauchi has approached a Federal high court sitting in Bauchi to restrain the Independent National Electoral Commission (INEC) from conducting a fresh or bye election into the Bauchi federal constituency which he represents.
The legislator is also challenging the constitutionality of the National Assembly\ Governorship and Legislative Houses Election Tribunal which heard the election petition filed against him by his opponent, Alhaji Usman Matori.
According to him, the election petition tribunal was not constituted within the meanings and stipulations of section 285 of the 1999 constitution.
He contended that the 1999 constitution recognises only three election petition tribunals namely: presidential election tribunal which is constituted by the court of appeal in the exercise of its original jurisdiction, the national assembly elections tribunal with the governorship and legislative houses election tribunal .
He said each of the said tribunals has exclusive jurisdiction, adding that the one constituted to hear his petition was strange and unconstitutional.
He is inviting the court to hold that if the tribunal which heard the petition filed against him by his opponent, Alhaji Matori is unconstitutional, he said whatever decision or appeals to the decision emanating from such questionable tribunal amounted to a nullity.
He was of the view that it is impossible to build something on nothing, saying if it is done, it is bound to collapse.
Dan Bauchi is consequently praying the court to order the appropriate authourity to constitute a proper election tribunal to entertain election petitions arising from the April 12 national polls conducted in his Bauchi Federal constitutency
Bauchi’’s victory at the April 12, 2003 national assembly poll was challenged by his opponent, Alhaji Usman Matori before a national assembly \ governorship and legislative houses election tribunal but the petition was dismissed.
Matori went to the Jos court of appeal where the entire election was nullified while a fresh election was ordered.
But while INEC was preparing to conduct fresh election into the constituency, Bauchi sought for the Supreme court’’s intervention, asking it to stop INEC from conducting the election.
But the Supreme court declined the request, saying Bauchi’’s application was novel.
According to the presiding justice in the case, Justice S M A Belgore, “the application, on its face, is not competent as it offends section 246 (1) (2) (3) of the 1999 constitution.
The appeal was consequently struck out on the grounds that any appeal arising from any election petition shall be battled at the courts below and not the apex court.
Following the rejection of his request at the Supreme court, Dan Bauchi issued a fresh originating summons against INEC, challenging the constitutionality of the tribunal which heard the petition against him and questioning the order of an appeal court which directed a conduct of fresh election in his constituency.The matter is yet to be heard.
