13th October, 2010
As the day of decision for the resolution of the Sokoto State governorship election dispute approaches, the candidate of the Democratic People’s Party, DPP, has alleged that he has been unfairly treated and called on the Supreme Court to ensure redress.
Alhaji Muhammadu Dingyadi is urging the appex court to allow him withdraw his interlocutory appeal.
On the said date, parties to the dispute are expected to argue whether Dingyadi, the appellant, has properly withdrawn the appeal or there is a need to formally apply for such.
The case moved to the Supreme Court, following a motion by Chief Wole Olanipekun (SAN), counsel to the respondent and incumbent governor of Sokoto State, Alhaji Magartakarda Wammako, contesting Dingyadi’s intention to withdraw his appeal and also urging the apex court to arrest the decision of the Appeal Court on the matter.
Speaking in Lagos over the weekend, Dingyadi said the only thing that needs to be determined before the Supreme Court is whether he has a right to withdraw his interlocutory appeal or he should file a fresh application to that effect, following which the two parties will head back to the Appeal court for the determination of the substantive election petition.
Dingyadi said the argument that both parties should agree for the withdrawal to be effected will delay the matter inordinately. He alleged that the respondent, who is enjoying the current state of affairs, would not allow the hearing of the substantive petition against his election.
Dingyadi went to the Supreme Court following dispute over whether or not he could withdraw the interlocutory appeal, which arose from the refusal of the Appeal Court to grant him room to amend his prayers in the substantive suit.
A panel of Supreme Court justices, led by Justice Niki Tobi, on 10 March this year, upheld Dingyadi’s application to withdraw his interlocutory motion.
However, the court later turned round to request the parties to come before it and argue the validity or otherwise of such withdrawal, following the application made by Olanipekun.
