Dakum Vs Margif: Our Client, Margif Is The Authentic Candidate Of LP-Counsel

…….Court Adjourns To December 15 For Ruling

Yakubu Busari

A Federal High sitting in the Jos  Division on Monday has adjourned to the 15th December 2022 for ruling and delivering of judgment on a suit filed by Amb. Yohanna M.D Margif, challenging the Independent Electoral Commission, INEC, and Dr. Patrick Dakum all of Labour Party primaries conducted in the Plateau State gubernatorial elections ahead of general polls in 2023.

Justice Dorcas Agishi of the Federal High Court Jos, after entertaining the brief of the argument presented by the plaintiff counsel, Barr.Munir Barau Abdullahi as he said, we have adopted all the processes and the matter has been adjourned to the 15th of December, 2022 for judgment.

He said, “we came to court praying that our client Ambassador Margif is the authentic candidate of the Labour party for the governorship in Plateau state having contested the party primaries and won and he was given the certificate of return of form EC9 by INEC.

According to him, “the way and manner you can substitute somebody bylaws shall be through volunteering withdrawal or death and by mutual agreement but thank God that he is still alive.

However, Abdullahi Barau explained that the letters they sent to INEC are two letters of withdrawal and an affidavit of withdrawal so we are saying that this affidavit didn’t contain the name of our client, by this name that is in that affidavit is wrongly written Yohanna Yilwan not the other way round as it contains in the affidavit.

Murnit Abdullahi stressed that in the law of Nigeria you can’t force any name on me, mind you, you can’t make mistakes in the spelling of your own name.

He stated that they brought an affidavit dated 2nd to the court, we applied for certified true copies from INEC and we discovered that there is another affidavit which is dated 5th August 2022, and the second letter dated is there including two affidavits and one dated 2nd &5th that is currently before the court.

Barr.Abdullahi said the one dated 5th was accompanied by the first letter of the 2nd, adding that, can you write a letter on the 2nd and attached documents dated 5th at the same time is not right.

He noted that the membership card the Labour party submitted to INEC is not the same membership number on the affidavit of withdrawal and why we are approaching court is that my client didn’t withdraw as speculated so when you talk of suspension of our client from LP that doesn’t have a constitutional backing that the ward might expel a member of a political party.

Abdullahi added that it is only the national Secretariat that has that power, however, is not the reason why we are here and what they have done is not in the law of the electoral law.

He expressed shock that up to this moment Dr. Patrick Dakum has not filed Labour party nomination forms and form EC9 of the LP was completed and submitted by Amb. Margif , we are yet to see Dakum filling out the form.

The only document of Dr. Patrick Dakum that is before the court, is the Labour Party form because it is the name of Ambassador Yohanna Margif is still in the INEC portal.

If a matter is in the competent court of jurisdiction, the parties are expected to maintain the status quo, you cannot continue parading yourself when the matter is in court.

I insist that the Purported signature of the withdrawal form is not from my client and the name is not his name, because you can’t make mistakes in spelling your own name.

Dakum contested the election under APC, we have certified a true copy in the court filed, can he come again in LP against the electoral law

You must give lNEC 14 days’ notice so that if there is any problem you should address it.

Meanwhile, Chief N kutu , SAN, counsel to the defendant, Patrick Dakum, said in his summation, that; “We have 3 applications, the first is interlocutory injection filed by Yohanna Margif.

A Motion to allow them to bring further affidavit, which we opposed on the point of law as party direction guarding election matter didn’t provide for any affidavit let alone further affidavit.

For that, it was a strange process unknown to party direction and urged the court to strike out preliminary objection, we raised the issue of jurisdiction that Margif didn’t participate in the primary election that brought in Patrick Dakum as Candidate of labour Party.

He said that based on the strength of Section 84 sub14 that does not allow the plaintiff to bring in any application that Margif has been not contested with him, and aspirant with Dakum.

He said the letter signed 2nd August 2022, is the letter signed by the plaintiff applicant Yohanna Margif of voluntary withdrawal, his picture is there, signed and all the documents he owned up to.

Documents don’t lie when you have somebody who chose to be mischievous, saying one thing in the morning and another in the afternoon will refer to such person as Chameleon who change in time and season.

The eyes of Justice, cannot be close to tracking that at the end of the day, the court should be able to see , and insist that the plaintiff Ambassador Margif withdraw.

It was in the line of the electoral law that the meeting of the primary election was conveyed on the 5th of August, which saw the emergence of Patrick  Dakum as Governorship Candidate of the Labour Party.

As far as we are concerned, all the relevant laws of withdrawal were complied with, if they choose to pay game, the court will see through it.

However, the court has adjourned the matter to 15th December 2022 for ruling on an application and Judgment on the substantive matter.

On the issue of forgery raised by the plaintiff, he alleged not to have signed the withdrawal letter dated 5th August 2022.

He stressed that the letter dated 2nd & 5th August 2022, is not authored by the 1st & 2nd  respondent

And stressed that there could be some factors influencing the action of the plaintiff propelling him to change like a chameleon.

But the fact of his to have withdrawn is not in doubt.

On the 2nd August 2022, is why INEC supervised the primary election on the 5th August 2022,.

It’s not only just Labour party on the plateau, it was nationwide supervision by INEC, don’t forget that 5th August is not just the Plateau state alone, but 12 states involved.

We made reference to exhibit  LP4, LP5, which is a letter written by Labour party to INEC and that is the letter withdrawal by Ambassador Yohanna Margif.