By; MOHAMMED KAWU, Bauchi
Bauchi State High Court has adjourned sitting in a case brought against the State House of Assembly member representing Sakwa constituency of Zaki Local Government Area in the state.
The lawmaker, Garba Musa Kore was earlier brought before the court by Suleman Ibrahim in a suit over alleged falsification of information on his Form CF 001 he submitted to the Independent National Electoral Commission (INEC).
The suit further alleged that the lawmaker at the time of his election has not resigned from the employment of Zaki Local Government Health Department, and did not either stated the circumstances of his withdrawal from the Bauchi School of Nursing and his subsequent sack from his job at the Abubakar Tatari Ali Polytechnic (ATAP) Bauchi.
All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) were joined as second and third dependents in the suit.
Preliminary objections against the suit were raised by counsels to the second and third dependents challenging the jurisdiction of the court to hear the suit.
Counsel to the second dependent, Bar. J.C Jama has asked the court to strike out the suit with a substantial cost in favour of the second dependent, arguing that only an election petition tribunal has jurisdiction to hear the matter.
Counsel to the first dependent, Bar. Sale Mohammed Darazo said that they had filed a preliminary objection on the grounds that the court lacks jurisdiction to hear the matter.
According to him, the Supreme Court had while entertaining similar cases, he cited, had ruled that all Pre-election matters should be treated at the election petition tribunals after elections have been conducted.
However, Counsel to the plaintiff, Bar. Usman Bappah Darazo while responding to the preliminary objections filed by counsels to the second and third dependents, said that the plaintiff is not challenging the election of Garba Kore.
He said that the suit is filed to challenge his suitability based on the alleged false information he gave to INEC which allowed him to contest for the position he is presently occupying.
He therefore urged the court to dis countenance and dismiss all the applications by the counsels and treat the case on merit.
After hearing submissions from the counsels to both parties, Justice Mu’azu Abubakar of the Bauchi State High Court Eight adjourned the case to May 29th, 2017 for determination on the court’s jurisdiction over the matter.