OrderPaperToday – Senator Kabir Marafa has written the President of the Court of Appeal, Justice Zainab Adamu Bulkachuwa over the delay in constituting the appeal panel to entertain the Zamfara All Progressives Congress (APC) primaries tussle.
In a letter dated 13th March for the case number CA/32/2019/, Marafa through his counsel addressed Justice Bulkachuwa noting that the delay is likely going to to deny him justice.
Marafa was part of the pre-election litigations that trailed the failure of the APC to conduct primaries/ consensus in Zamfara state.
The incumbent Governor, Abdul’Aziz Yari’s choice won the election being the candidate for the party against the wish of other faction of APC in the state which Marafa belongs to.
Meanwhile Marafa’s letter reads: ” 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; but 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 a 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 timeous 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, Sir.”
Marafa equally alleged that “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” and make it die a natural death to prevent the aggrieved party from going to the Supreme Court for redress.
He called on the acting Chief Justice of the Federation and the secretary of the National Judicial Council ( NJC), to as a matter of all urgency intervene and ensure the panel is constituted and the matter given 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.