NIGERIA: Supreme Court clears six Govs as duly elected {SEE LIST}
*As PDP protests over affirmation of Gov Abiodun
*Duly elected Governors: Uba Sani (Kaduna), Oborevwori (Delta), Dapo (Ogun), Sule (Nasarawa), Inuwa (Gombe), Idris (Kebbi)
By KEMI KASUMU and OUR REPORTERS, Abuja
The Supreme Court of Nigeria appears to have made this week Friday, January 19, 2024, a week of the ruling party as it cleared all five All Progressives Congress (APC)’s Governors, whose victories at the Saturday March 18, 2023 governorship elections had been subjects of litigation.
The apex court dismissed all appeals filed by opposition parties mainly the Peoples Democratic Party (PDP) against the governors while certifying them as duly elected. The only PDP governor among them, however, also scaled through the judiciary process at a time Nigerians and members of the international community’s confidence and trust in ability of the arm of government to deliver justice were being eroded.
Kaduna
The nation’s highest court dismissed appeal of PDP governorship candidate, Isah Ashiru, challenging the election of Governor Uba Sani of Kaduna State and affirmed victory of Sani as the duly elected governor.
The apex court also affirmed the judgments of the lower courts, that is, the tribunal and the court of appeal, which affirmed Uba’s win in the March 2023 governorship election.
The judgment is unanimous and no cost is awarded.
About two months ago, the appeal court affirmed Uba’s win in the governorship election, dismissing Ashiru’s challenge. According to a three-man panel of the appellate court, it held that the tribunal acted in error when it depended on inadmissible evidence to order the conduct of supplementary polls in 22 polling units of four local government areas (LGAs) where the exercise was deemed inconclusive.
It said a key witness called by the PDP during the tribunal hearing merely gave hearsay evidence even when he was not present when the malpractices he alleged took place.
The court thus ascribed the witness’ allegations of deduction of votes, stuffing of ballot boxes, and mutilation of sensitive electoral materials as borne out of hearsay.
It equally agreed with the tribunal’s dismissal of the PDP and Isa Ashiru because the petitioners had abandoned their petition for their failure to apply for the issuance of a pre-hearing information sheet after the close of pleadings as required by paragraph 18(1) of the first schedule to the Electoral Act 2022.
The Independent National Electoral Commission (INEC) declared Sani as the winner of the exercise. The APC flagbearer polled 730,002 votes to defeat his closest rival Ashiru who had 719,196 votes.
The Labour Party (LP)’s Jonathan Asake came a distant third after registering 58,283 votes while the New Nigeria Peoples Party (NNPP) candidate Suleiman Hunkuyi scored 21,405 votes.
Delta
The Supreme Court dismissed all three appeals to overturn Sheriff Oborevwori’s election as governor of Delta State.
The Independent National Electoral Commission (INEC) declared Oborevwori of the Peoples Democratic Party (PDP) as the winner of the March 18 governorship election.
But unsatisfied, the three parties headed to the court. While Oborevwori was victorious in the tribunal and at the appeal court, the parties pushed the matter to the Supreme Court.
When the case came up at the apex court, it upheld the earlier judgments and affirmed Oborevwori’s win in the Delta governorship. The Supreme Court first dismissed Ovie Omo-Agege’s appeal seeking to overturn Governor Oborevwori’s election.
The apex court held that the appellant was unable to prove his case of over-voting and noncompliance with the electoral laws.
It also dismissed other appeals for lack of merit and affirmed the election of Governor Oborevwori of the PDP. The court awards no costs and the judgment is unanimous.
The judgment was in agreement with that of the lower courts which held that the appellants were unable to prove the allegations of noncompliance contained in their petition.
The verdict is coming about ten months after the Independent National Electoral Commission (INEC) declared Oborevwori as the winner of the Delta State governorship election.
He scored 36,0234 votes to defeat the All Progressives Congress (APC) candidate Senator Ovie Omo-Agege who got 24,0229. While the Labour Party (LP) candidate Kennedy Pela came a distant third with 48,047.
Oborevwori clinched 21 out of the 25 local government areas of the state leaving the APC with four council areas.
But his opponents challenged the win and took the matter to the Delta State Election Petitions Tribunal to overturn the victory. In September, the three-member tribunal headed by Justice C.H. Ahuchaogu dismissed the petition filed by former Deputy President of the Senate Omo-Agege.
The tribunal held that the petition contained unsubstantiated allegations, noting that it was devoid of merit and speculative.
Two months later, the Court of Appeal affirmed Oborevwori’s victory in the March election.
In the wake of the judgment, the Governor took to his official X account to hail the verdict, thanking his supporters and Deltans for their backing.
“To the glory of God, the Supreme Court today affirmed me as the duly elected Governor of Delta State. I commend the judiciary, my legal team, supporters, and all Deltans,” the governor wrote.
“Truly, The judiciary is the last hope of ordinary Nigerians. The legal battles are over, it is now time to continue to serve fully the people of Delta state in line with my God-given vision, the MORE agenda.”
Governor Oborevwori also called on all Deltans to “join hands with me to move our state forward. To God alone be the glory!”
Ogun
The Supreme Court dismissed the appeal filed by Mister Ladi Adebutu of the Peoples Democratic Party (PDP) challenging the election of Governor Dabo Abiodun of Ogun State.
Adebutu’s appeal contends that the election of Governor Abiodun did not comply with the electoral laws and he did not score the lawful majority votes. He was therefore asking the court to void his victory.
But on Friday, the apex court dismissed the appeal for lack of merit and affirmed Governor Abiodun’s win in the election.
The verdict is coming days after the Supreme Court reserved judgment on the Ogun State governorship election. The PDP candidate had lost in the court of appeal and at the state tribunal.
Governor Dapo Abiodun won the March 18 governorship election having polled 276,298 to defeat his closest rivals — Adebutu – who scored 262,383 as well as Biyi Otegbeye of the African Democratic Congress (ADC) who got 94,754 votes.
“That Abiodun Adedapo Oluseun of APC, having satisfied the requirements of the law is hereby declared the winner and is returned election,” the state returning officer Professor Kayode Adebowale said while declaring Abiodun as the winner of the poll.
After the Supreme Court upheld Governor Abiodun’s election, the elected Ogun State leader described the feat as a proud moment.
“To God be the Glory! Having manoeuvred through the intricate phases of the election petition tribunal, we can proudly proclaim that the Supreme Court has resoundingly affirmed our triumph,” he wrote on his official X account early Friday.
“This profound validation unquestionably attests to the unwavering trust the people of Ogun State have bestowed upon us, confident in our capability to forge a society brimming with prosperity and harmony. With utmost sincerity, we embrace this momentous responsibility and solemnly pledge to undertake it with utmost diligence.”
Nasarawa
The Supreme Court on Friday dismissed the appeal of the Peoples Democratic Party (PDP) governorship candidate David Umbugadu against the election of Governor Abdullahi Sule of Nasarawa State.
The panel of justices in a unanimous decision dismissed it for lack of merit and no cost was awarded.
On October 2, the Election Petition Tribunal in Lafia nullified Governor Sule’s victory and declared David Ombugadu as the winner of the poll.
Consequently, Governors Sule and the All Progressives Congress (APC) sought to overturn the verdict by appealing the judgment of the tribunal
The court of appeal in its judgment on November 23, faulted the verdict of the tribunal and affirmed Sule’s election as governor.
The appeal court upheld that the tribunal relied on legally inadmissible evidence to declare Ombugadu as the winner of the March 18 poll.
According to the appellate court, the tribunal wrongly relied on the evidence of eight of the PDP witnesses whose statements on oath were not front-loaded alongside the petition.
The appellate court further held that Section 285(5) of the 1999 Constitution, as amended; Section 132(7) of the Electoral Act 2022 and Paragraphs 4(5) (6) and 14(2) of the First Schedule to the Electoral Act; stipulates that every written statement on oath must be filed alongside the petition, within the statutorily allocated time.
Dissatisfied with the judgment of the appeal court, the PDP Candidate approached the apex court, seeking to upturn the verdict of the appeal court.
PDP Supporters Protest
Following the judgment, PDP supporters blocked the Lafia-Jos road, burning tires in front of the state secretariat of the party.
Protest has erupted in Lafia the Nasarawa State capital following the Supreme Court Appeal Judgment affirming the election of Governor Abdullahi Sule.
While security operatives are on the ground to restore order and forestall an escalation, shops, and business centres including schools within the Lafia metropolis have abruptly closed.
Gombe
The Supreme Court on Friday dismissed the appeal of the Peoples Democratic Party (PDP) candidate in Gombe State Jibrin Barde challenging the election of Governor Inuwa Yahaya of Gombe State.
In a unanimous judgment by a panel of justices, the apex court held that the appeal lacked merit and was unnecessary.
Two months ago, the court of appeal affirmed the judgment of the Gombe State Governorship Election Tribunal and dismissed the petition filed by PDP, challenging the re-election of the All Progressives Congress (APC) candidate.
The court concurred with the tribunal that the PDP’s case lacked merit. That verdict came months after the Independent National Electoral Commission (INEC) announced Governor Inuwa as the winner of the Gombe state governorship election with 342,821 votes.
Barde of the PDP was said to have scored 233,131. Unsatisfied, he took the matter to the tribunal, claiming Governor Inuwa’s win did not conform with the provisions of the Electoral Act.
His lawyers insisted that their client got the highest number of lawful votes during the election, claiming that there were multiple thumb printing and ballot box stuffing in nine local government areas of the state in favour of Governor Inuwa.
But the tribunal dismissed the application, citing a lack of merit. It also expunged the witnesses’ statements and exhibits of the PDP (INEC forms) for being baseless. The court of appeal was to later affirm the verdict, leading Barde to take the matter to the Supreme Court where he also lost.
Kebbi
The apex court has dismissed the appeal filed by Mister Aminu Bande of the Peoples Democratic Party (PDP) to challenge the election victory of Governor Nasir Idris of Kebbi State.
In its verdict on Friday, the panel of justices unanimously held that the appeal lacked merit and no cost was awarded.
