Supreme Court affirms elections of 8 Nigerian Governors
The Supreme Court, in separate judgements on Friday has affirmed victory of eight Nigerian Governors which include Cross River, Ebonyi, Abia, Zamfara, Kano, Bauchi, Lagos and Plateau States, whose victory at the poll had been challenged by the opposition parties.
Penpushing reports that the beneficiaries of the apex court judgement include Alex Otti (Abia), Bassey Out(Cross River),Francis Nwifuru(Ebonyi),Lawal Daudu(Zamfara),Abba Yusuf(Kano),Bala Mohammed(Bauchi) and Babajide Sanwo-Olu(Lagos)
The Supreme Court dismissed the appeals filed by their challengers which were earlier filed from the election petition tribunals to the Supreme Court, hence, the eight have been finally declared winners of their elections held in March 2023
Penpushing further reports that a member of the Supreme Court panel, Justice Tijjani Abubakar, delivering the lead judgement on the Ebonyi State appeal resolved all three issues raised in the appeal against the appellant, Chukwuma Odii of the Peoples Democratic Party (PDP).
The Supreme Court resolved all three issues in favour of the Governor, an issue that struck at the heart of the case centred on the nomination of Governor Nwifuru by the All Progressives Congress (APC) as its candidate for the March 18,2023 Governorship election.
Penpushing also reports that, the justice referenced section 177 of the Nigerian constitution which covers the qualification for contesting the governorship election of a state in resolving the issue, noting that the Supreme Court had repeatedly ruled that courts should refrain from the issue of membership of a party.
‘The end result is that the appellant failed to provide any evidence to establish the allegation of non-compliance with the Electoral Act. The appellant appeal is bound to fall like a pack of cards. This appeal is unmeritorious. It is therefore dismissed. The judgement of the Court of Appeal is affirmed’, Abubakar ruled.
Penpushing reports that on the Abia State the apex court a five-member panel of the Supreme Court dismissed all the arguments raised by Governor Otti’s challenger, Okey Ahiwe of the Peoples Democratic Party(PDP) and affirmed his (Otti) election,
“In fact, this appeal ought not to have come to the Supreme Court. This is a pre-election matter that should have been litigated at the Federal High Court. We have taken this position in several cases. This appeal lacks merit and it is hereby dismissed’, the court ruled.
Penpushing further reports that the Supreme Court similarly dismissed a sister appeal filed by the All Progressives Congress (APC) and its candidate, Ikechi Emenike, to challenge Governor Otti’s victory at the polls.
“The appeal is unmeritorious and vexatious. It is accordingly dismissed. There is no need to subvert the political will of the people who voted overwhelmingly for the governor. There is no merit in this appeal. I affirm the concurrent findings of the lower courts.”
Penpushing reports that the Supreme Court on the Cross River State dismissed the appeal filed by Governorship Candidate of the Peoples Democratic Party(PDP),Sandy Onor and pronounced Otti as the authentic Governor
The five-member panel of the Supreme Court delivering the lead judgement on the appeal Justice Helen Ogunwumiju, declared that Onor’s appeal lacked merit and held that, Section 40 of the constitution guarantees the freedom of association; it is an intrinsic human right which cannot be denied.
Penpushing further reports that the court pointed out that the defection of Governor Otu from the Peoples Democratic Party (PDP) to the All Progressives Congress(APC) is of no consequence, and equally resolved the allegation of forgery of a secondary school certificate raised against the Governor.
The Supreme Court equally overturned Appeal Court decision against Governor Lawal Dauda Zamfara and affirmed him as the authentic Governor OF Kano State, describing the earlier judgement of the appeal court as perverse.
Penpushing also reports that delivering the lead decision of the Supreme Court, Justice Emmanuel Agim declared that the lower court’s decision lacked evidential foundation, emphasizing that the order setting aside the appellant’s election is set aside and is upheld.
The Supreme Court on Kano State kicked against the earlier sack of Governor Abba Yusuf by the lower court, and thereafter affirmed his (Yusuf)election as the duly elected Governor of the state at the March 2023 poll
Penpushing reports that a panel of Justices of the Supreme Court led by Justice Inyang Okoro unanimously departed from the concurrent decisions of the two lower courts sacking Yusuf to uphold his victory.
The court in its lead decision delivered by Justice Okoro set aside the conclusion of the Court of Appeal on the two prime issues on which the lower court’s decision sacking Governor Yusuf was anchored. And restored Yusuf’s votes that were cancelled by the lower court on the basis that the ballot papers were not signed.
Penpushing further reports that the court equally affirmed that Yusuf was validly nominated, contrary to the decision of the lower court that his candidacy was invalid on the grounds that he was not a bonafide member of his party, the New Nigerian Peoples Party (NNPP).
The Supreme Court in similar manner and in unanimously ruling affirmed Bala Mohammed’s election as the elected Governor of Bauchi State, dismissing the appeal challenging his victory during the March 2023 poll in the state
Penpushing also reports that a member of the Supreme Court panel, Justice Ibrahim Saulawa, delivering the lead decision held that the All Progressives Congress (APC) candidate was unable to prove at the election petition tribunal his allegations of anomaly such as improper filing of election results during the election, and how the breaches substantially affected the outcome of the 18 March 2023 poll.
The justice added that the appellant failed to discharge the burden of proof as required of him by the law noting that the appellant’s witnesses were not polling unit agents, so they could not have given credible testimonies that met legal standards about what transpired at the poll units during the election.
‘On the basis of the findings, having effectively resolved all the issues against the appellant, the appeal is apparently devoid of merit. The judgement of the Court of Appeal is hereby affirmed. The appeal is dismissed’ Saulawa ruled.
Penpushing reports that Supreme Court in the same vein affirmed Plateau Governor Caleb Mutfwang of the Peoples Democratic Party (PDP) election after reversing his sack by Appeal Court ending the electoral dispute that had raised doubts about his prospects of completing his term in office.
The Court of Appeal it is recalled went on to declare his challenger, Nentawe Goshwe of the All Progressives Congress (APC), as the true winner of the keenly contested March 2023 governorship election in the state.
Penpushing further reports that displeased with the decision, Mutfwang who won at the first level of the challenge to his victory at the Plateau State Governorship Election Tribunal, immediately filed an appeal at the Supreme Court to have the Court of Appeal’s decision overturned.
The Supreme Court’s five-member panel in a delivered lead judgement by Justice, Emmanuel Agim referenced All Progressives Congress (APC’s) contention that the appellant was not qualified to contest the election.
Penpushing also reports that the All Progressives Congress (APC) argued that Governor Mutfwang’s nomination as a candidate and his election were invalid by virtue of non-compliance with the electoral law.
The Court of Appeal, upholding All Progressives Congress (APC’s) argument, had held that the primary election that produced Governor Mutfwang as Peoples Democratic Party (PDP’s) candidate and his subsequent nomination to Independent National Electoral Commission (INEC) were invalid.
Penpushing reports that the Supreme Court departing from the Court of Appeal’s decision held in a plethora of cases that the sponsorship of a candidate for election is an internal affair of a political party, and ruled that the Court of Appeal lacked jurisdiction to determine the validity of the candidacy of the Peoples Democratic Party(PDP).
The Supreme Court in the judgement declared and reiterated that Yilwatda of the All Progressives Congress(APC) has no right to challenge the emergence of Governor Mutfwang as the candidate of the Peoples Democratic Party(PDP).
Penpushing further reports that on Lagos State the Supreme Court affirmed the victory of Governor Babajide Sanwo-Olu at the March 2023 governorship election after dismissing the separate appeals filed by the Peoples Democratic Party (PDP) and the Labour Party with their Governorship candidates.
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