Who is the authentic senator elected to represent the Niger South Senatorial District?

This is the question being asked as Senate is in dilemma over two persons who lay claim to being elected to occupy the seat on the platform of the ruling All Progressives Congress (APC).

The Senate had sworn in at different times Mohammed Garba, a major-general, and Mustapha Sani Mohammed, as senators-elect for the same district.

Because no senatorial district by Nigerian Constitution is entitled to more than one representative, there are strong indications that the two contending senators from Niger South Senatorial District may be suspended from participating in the activities of the Senate when the Upper Chamber of National Assembly resumes plenary on September 29, 2015, CEOAFRICA source gathered.

Senate had earlier administered the oath on Garba at the inauguration of the 8th Session of the National Assembly on June 9, enabling him attend the plenary, but his locus was challenged on August 12, 2015 when Mohammed was also admitted into the Senate.

CEOAFRICA source investigations revealed that the emergence of Mohammed in the Senate was a result of a long-drawn legal battle over who was the authentic candidate of the APC for the March 28 general elections.

Sources informed that Senate had reached the decision to bar the two “senators” to allow the legal logjam for a resolution of court to affirm the authentic occupier of the seat.

Explaining the circumstance that has led the Senate into administering the oath on two persons for the Niger South Senatorial seat, the Special Adviser to the Senate President on Legal and Constitutional Matters, Barrister Ibrahim Tukur El-Sudi, said adequate and reliable information were not provided when the Senate president’s office sought for the true position.

El-Sudi said the Office of the Senate president was not aware that one person had been sworn in earlier for the same senatorial district.

“Before Mustapha was sworn in, we wrote to the Supreme and Appeals Courts, asking whether there was any application on the senatorial district.  The Supreme Court replied (to) our letter the following day on the 7th August, after we wrote to them.

“The Supreme Court said there was not any pending application, but the Appeals Court did not reply (to) our letter until on 12th of this month, just hours after Mustapha had been sworn in.

“It was the Appeal Court that told us that there was a pending application on the seat. We acted because we thought nothing was pending,” he said.

Crisis Over Primaries

The crisis arose from a dispute over results of the APC primaries to elect its senatorial candidates in Kogi State.

Mohammed had won the party’s primaries, pulling 1,483 votes out of the total 2,485 accredited delegates to beat General Garba to the second position as he polled 961 votes. The two other contenders to the seat – Bako Shetima polled 40, while Abubakar Agaie had just one vote.

But the victory of Mohammed was challenged soon after the primaries at the Federal High Court in Minna by Garba, on the grounds that he was not a registered member of the party and was thus not qualified to participate in the election.

Garba had prayed the court to nullify Mohammed’s victory at the primary, and the court so granted.

Mohammed, however, took the fight to the Court of Appeal, asking that the order of the Federal High Court be set aside on the grounds that the court lacked jurisdiction to adjudicate on the matter even as it allowed itself to be misled on the material facts of the matter.

Investigations revealed that Mohammed had been cleared by the APC to contest the party primary. On October 16, 2014, he received a letter of recognition as a duly registered member of the APC in the Landzun Ward of Bida Local Government Area, while he was issued another letter on November 2, 2015, granting him the waiver to “contest the party primary and general election for the position of Senator under our party”. Having been screened by the Congress and Primary Election Committee, Mohammed was also issued the Clearance Certificate as being eligible to contest the party primary.

Mohammed had obtained the result sheet of the party primary at the Niger South Senatorial office of the party on January 26, 2015, which declared him as the winner of the election.

A look at the website of the APC yesterday also revealed that Mohammed was listed as one of the three senatorial candidates for Niger State.

Mohammed finally returned to the Senate after the verdict of the Court of Appeal upturning the earlier order of the Federal High Court in favour of Garba was communicated to the Red Chamber.

Garba Insists, Mohammed Keeps Mum

In a telephone interview, General Garba said he remained the authentic Senator for the Niger South Senatorial District.

Garba insists: “It is true that Mustapha Mohammed won the primary election but it was nullified by the Federal High Court on the ground that he was not a member of the All Progressives Congress (APC). So, the party made me the candidate.

“I contested the election and I defeated the PDP candidate. INEC declared the result in favour of my name.

“I was sworn in and I took the oath of office like other senators on June 9 when the Senate was inaugurated.  But Mohammed went to the Appeal Court and secured a ruling that the Federal High Court lacked the jurisdiction to entertain the case, and that we should go to the State High Court,” he said.

He however said that he was going to continue his battle to retain the disputed mandate.

When contacted through telephone, Mohammed said he had travelled out of Abuja and declined further comment.

Efforts to get the reactions of the Clerk to the National Assembly Salisu Maikasuwa on the issue yielded no result.

To stave off further crisis over the issue, the Senate has resolved to swiftly suspend both senators until the case is settled.(Daily Independent)