13th October, 2010
As the day of decision for the resolution of the Sokoto State governorship electionÂ dispute approaches, the candidate of the Democratic Peopleâ€™s Party, DPP, has alleged thatÂ 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 hisÂ interlocutory appeal.
On the said date, parties to the dispute are expected to argue whether Dingyadi, theÂ appellant, has properly withdrawn the appeal or there is a need to formally apply forÂ such.
The case moved to the Supreme Court, following a motion by Chief Wole Olanipekun (SAN),Â counsel to the respondent and incumbent governor of Sokoto State, Alhaji MagartakardaÂ Wammako, contesting Dingyadiâ€™s intention to withdraw his appeal and also urging the apexÂ 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 beÂ determined before the Supreme Court is whether he has a right to withdraw hisÂ interlocutory appeal or he should file a fresh application to that effect, followingÂ which the two parties will head back to the Appeal court for the determination of theÂ substantive election petition.
Dingyadi said the argument that both parties should agree for the withdrawal to beÂ effected will delay the matter inordinately. He alleged that the respondent, who isÂ enjoying the current state of affairs, would not allow the hearing of the substantiveÂ petition against his election.
Dingyadi went to the Supreme Court following dispute over whether or not he couldÂ withdraw the interlocutory appeal, which arose from the refusal of the Appeal Court toÂ 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,Â upheld Dingyadiâ€™s application to withdraw his interlocutory motion.
However, the court later turned round to request the parties to come before it and argueÂ the validity or otherwise of such withdrawal, following the application made byÂ Olanipekun.