The Supreme Court on Wednesday, reserved judgment on appeals seeking to nullify the election of Governor Ahmad Aliyu of Sokoto State and the governor of Taraba State, Dr. Kefas Agbu.
The five-member panel of the apex court, led by Justice Kudirat Kekere – Ekun on Wednesday reserved judgment after listening to all parties in the matter.
In the Sokoto state appeal, Sunday Ameh (SAN), lead counsel to the appellants, Peoples Democratic Party, (PDP) and its candidate, Saidu Umar, prayed the court to allow the appeal and grant all their relief.
However, Chief Wole Olanipekun (SAN), representing governor Ahmad Aliyu of the All Progressives Congress, (APC) urged the court to dismiss the appeal for lacking in merit.
Olanipekun also prayed the court to uphold the concurrent judgments of the Sokoto State Governorship Election Petition Tribunal and the Court of Appeal which affirmed the election of Aliyu as Sokoto State governor.
Other respondents in the appeal had, while adopting their briefs, prayed the court to dismiss the appeal challenging the declaration of Aliyu as the bonafide winner of the March 18, governorship election that held in the state.
It would be recalled that the Court of Appeal, Abuja had, in a unanimous judgement delivered last year affirmed the election of Governor Ahmad Aliyu of Sokoto State on the ground that, it found no reason to overturn the verdict of the Tribunal, which had earlier validated Governor Aliyu’s election victory.
Umar and the PDP had approached the tribunal, alleging that Aliyu and his deputy, Idris Gobir, were not eligible to contest the governorship election.
The petitioners contended that Governor Idris and his deputy did not secure majority of valid votes that were cast at the election to be declared winners by the Independent National Electoral Commission (INEC).
They alleged that the election was not only marred by irregularities but was also not conducted in substantial compliance with provisions of the Electoral Act 2022.
Aside from alleging that the governor and his deputy submitted forged certificates, with variations of names to INEC in aid of their qualification to contest the election, the petitioners, added that electoral fraud occurred in 138 polling units in the state.
However, the three-man panel tribunal, in a judgement it delivered on September 30, dismissed the petition for lacking in merit.
The Justice Haruna Mshelia-led tribunal held that the petitioners were unable to prove any of the allegations they raised in the petition, saying that the evidence of most of the witnesses who testified for the PDP and its candidate were incompetent as their statements on oath were not front-loaded alongside the petition as required by law.
The tribunal held that the allegation of forgery, being criminal in nature, ought to have been proved beyond reasonable doubt, a burden it said the petitioners failed to discharge.
More so, the tribunal noted that 70 percent of exhibits the petitioners adduced before it, were out of context as they relate to the State House of Assembly elections that were conducted on the same date the governorship poll held.
Consequently, it dismissed the petition and affirmed the outcome of the election.
Furthermore, the Supreme Court reserved judgment in the appeal challenging the election of Dr.Kefas Agbu of the PDP as the governor of Taraba State in the March 18 Governorship elections.
The Court of Appeal, in a unanimous judgement of its three-member panel delivered by Justice Peter Affen, held that the New Nigerian Peoples Party (NNPP) and its governorship candidate, Prof. Yahaya Sani, who were appellants in the appeal were not consistent in their petition against the March 18 governorship election.
Justice Affen held that while NNPP and Sani prayed for nullification of the election on ground of non compliance with the Electoral Act, the duo in another breath prayed the court to pronounce them as winners of the same election on ground of scoring majority of lawful votes.
The court held that it is against the law for any litigant, as in the case of NNPP and its governorship candidate to blow hot and cold at the same time.
He further held that, having prayed that the election be nullified on account of non adherence with the Electoral Act, the alternative prayer that, they be declared winner of the same election have no legs to stand upon.
Besides, the Court of Appeal held that the record of proceedings transmitted to the court was not complete and thereby rendering their appeal incompetent and consequently dismissed the appeal for lacking in merit.
It would be recalled that the Taraba state Governorship Election Petition Tribunal had, on September 30 dismissed the petition filed by the NNPP and its governorship candidate challenging Kefas Agbu’s election for lacking in merit.
Justice Kekere – Ekun reserved judgment in two appeals to a date that would be announced to parties in the matter.
