APC loses 1 Senate’s seat to PDP, as Appeal Court sacks Elisha Abbo in Adamawa North

A Court of Appeal sitting in Abuja has sacked the All Progressives Congress (APC) lawmaker representing Adamawa North senatorial district, Senator Elisha Abbo.

A three-member panel of the appellate court, presided over by Justice C.E. Nwosu-Iheme, in a judgement, ordered the Independent National Electoral Commission (INEC) to issue a Certificate of Return to Rev. Amos Yohanna of the Peoples Democratic Party (PDP) as the validly elected lawmaker for the senatorial district.

According to the News Agency of Nigeria (NAN), INEC had on February 25, 2023, declared Abbo as winner of the senatorial poll.

Dissatisfied with the declaration, Yohana and the PDP filed a petition before the National and State Houses of Assembly Election Petitions Tribunal sitting in Yola, Adamawa State challenging the return of Abbo.

The tribunal, in its judgement, dismissed Yohanna’s petition for lacking in merit.

Further dissatisfied with the tribunal’s decision, the PDP’s candidate, through his counsel Johnson Usman (SAN) approached the Appeal Court via appeal number: CA/YL/EP/AD/SEN/06/2023 between Rev. Amos Kumai Yohanna and another Vs Ishaku Elisha Cliff and others.

The Court of Appeal, after hearing arguments from parties, agreed with Usman that based on Section 137 of the Electoral Act, 2022, the results tendered clearly showed that there was no compliance with the Electoral Act.

The court, thereafter, deducted the invalid votes from the parties and found that Yohanna and PDP won the election by majority of lawful votes.

The court proceeded to set aside the Certificate of Return issued to Abbo and ordered INEC to issue the same to Yohanna as the valid winner of the election representing Adamawa North Senatorial District.

Reacting to the judgement, Mr Sam Ologunorisa (SAN), said he had nothing to say since “the Court of Appeal is the final court.”

When contacted for his reaction to the judgement, lawyer to the APC, Mr Michael Numa, SAN, said he had nothing to say until he sees the judgement.

“I was not in court when the judgement was delivered. So, I will have to see the judgement before I can comment on it,” he said.

The News Agency of Nigeria (NAN) reports that other members of the panel include Justice M.I. Sirajo and Justice O.A. Adegbehinde.