The Peoples Democratic Party and its presidential candidate, Atiku Abubakar, on Friday insisted that the President of the Court of Appeal, Justice Zainab Bulkachuwa, be disqualified from presiding over their petition challenging the victory of President Muhammadu Buhari at the February 23 Presidential polls.
The party supported their objection to Bulkachuwa’s appearance with a 19-paragraph affidavit and a letter stating their reasons.
In the affidavit, the PDP contended that Justice Bulkachuwa was “a wife and mother of card carrying members of the All progressives congress.”
They also alleged that her son, Aliyu Haidar Abubakar, campaigned for President Muhammadu Buhari ahead of the February 23 presidential poll.
In addition, the party contended that Abubakar also contested the APC governorship primary election in Gombe State.
Recall also that Adamu Muhammed Bulkachuwa, husband of the Justice, contested and won the senatorial election under the platform of the APC.
They, therefore, insisted that Justice Bulkachuwa’s “close family ties to top APC members” would make it impossible for her to handle the proceedings of the tribunal without bias and asked that she disqualify herself as a member and head of the tribunal.
The affidavit deposed to by the PDP Deputy National Secretary, Mr. Emmanuel Agbo, read in part: “I know that Honourable Justice Zainab Adamu Bulkachuwa (PCA) who currently presides over the Panel hearing the Petitioners/Applicants’ Petition is the spouse of Honourable Adamu Muhammed Bulkachuwa, a stakeholder in the 3rd Respondent.
“Honourable Adamu Muhammed Bulkachuwa, the husband of Honourable Justice Zainab Adamu Bulkachuwa, is a Senator-elect sponsored by the All Progressives Congress (APC), the 3rd Respondent in the extant Petition, for Bauchi North Senatorial District, Bauchi State.
“The election challenged in the Petition, that is the subject matter of this application held simultaneously in Bauchi North Senatorial District with the election of Honourable Adamu Muhammed Bulkachuwa, both on the platform of the 3rd Respondent.
“I know that in the said Petition, Bauchi State is one of the focal States in which the Petitioners/Applicants have alleged that electoral infractions occurred.
“Honourable Adamu Muhammed Bulkachuwa, is not only a card carrying member of the 3rd Respondent and a Senator-elect under the sponsorship of the 3rd Respondent, he is also a staunch member and prominent stakeholder in the 3rd Respondent and has a stake in the election of the 2nd Respondent as President, having extensively campaigned for the 2nd Respondent.
“I know that as a spouse of Honourable Adamu Muhammed Bulkachuwa, the Honourable Justice Zainab Adamu Bulkachuwa, is so closely related to Honourable Adamu Muhammed Bulkachuwa that she cannot fairly hear and determine the instant Petition without eliciting the suspicion and anxiety of all right thinking persons, including myself.
“The Court of Appeal has more than eighty (80) Justices who are able and competent to participate in the hearing and determination of the extant Petition in the absence of Honourable Justice Zainab Adamu Bulkachuwa (PCA).
“I also know that her biological son, Aliyu Haidar Abubakar, is a card carrying member of the 3rd Respondent and he contested the gubernatorial primary election of the 3rd Respondent in the just concluded general election in Gombe State.
“Attached hereto and marked Exhibit 2 is a print-out made today from the Facebook page named Aliyu Haidar Abubakar Volunteer Group, containing his campaign posters, photographs and various posts showing his campaign messages for himself and the 2nd Respondent, both of whom contested on the platform of the 3rd Respondent.
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“I also attach hereto and marked Exhibit 3 a print out of a Daily Post online news publication in which Aliyu Haidar Abubakar, was prominently featured as the son of Honourable Justice Zainab Bulkachuwa, and who contested the governorship primaries of Gombe State on the platform of the 3rd Respondent (See https://dailypost.ng/2018/09/16/gombe-2019-justicebulkachuwas-son-joins-race-succeed-dankwambo/ampl).
“On 27th October 20 l 8, the Daily Post online news also published reports that the 3rd Respondent had given its Senatorial ticket to Honourable Adamu Muhammad Bulkachuwa to curry favour with his wife, Honourable Justice Zainab Bulkachuwa, whose court would handle election petition cases arising from primary elections.
“Attached hereto and marked Exhibit 4 is a print out of the said publication. (See https://dailypostng/2OI8/]0/27/apcbauchi-stalwarts-claim-oshiomhole-gave-tuggars-ticket-appeal-courtpresidents-husband-bulkachuwa-documents/).
They, therefore, sought “an order that Justice Zainab Bulkachuwa, President of the Court of Appeal, and the presiding justice of the panel hearing petition numbered CA/PEPC/2019 be recused from further sitting or participating in the proceedings in this petition and be replaced by another justice of this honourable court to sit in her place to hear and determine the petition.”
Recall that Bulkachuwa, who led a five-man panel of the tribunal during Wednesday’s proceedings had directed the petitioners to file a formal application that would be heard and ruled upon in the open court.
The respondents are expected to file their replies to the motion on Monday.
