The governor of Sokoto State, Ahmad Aliyu, and his counterpart in Taraba State, Kefas Agbu have asked the Supreme Court to dismiss the appeals challenging their election.
The Peoples Democratic Party (PDP) and its candidate in the last governorship election in Sokoto state, Saidu Umar are, in their appeal marked: SC/CV/1257/2023, praying the Supreme Court to set aside the November 27, 2023 judgment of the Court of Appeal, affirming Aliyu’s election.
In their appeal marked: SC/CV/1242/2023, the New Nigeria Peoples Party (NNPP) and its candidate, Sani Yahaya wanted the Supreme Court to reverse the November 28, 2023 judgment of the Court of Appeal upholding Agbu’s election.
Umar and the PDP had challenged the All Progressives Congress (APC) Aliyu’s election at the election tribunal, alleging that Aliyu and his deputy, Idris Gobir, were not eligible to contest the gubernatorial poll.
They claimed that Aliyu and Gobir submitted forged certificates, with different names, to the Independent National Electoral Commission (INEC) in aid of their qualification to contest the election.
Umar and the PDP also claimed that the election was marred by electoral fraud in 138 polling units in the state.
The election tribunal, in its judgment, dismissed the petition by Umar and the PDP, a decision that the Court of Appeal upheld in its November 27 judgment.
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On their part, Yahaya and the NNPP challenged Agbu’s election on grounds of non-compliance with the Electoral Act and that Agbu of the PDP didn’t score the majority of lawful votes cast.
The election tribunal rejected their petition, a decision the Court of Appeal affirmed in its November 28 judgment.
At the hearing of the Sokoto appeal on Wednesday, January 17, the lawyer to Umar and the PDP, Sunday Ameh (SAN) urged the court to dismiss the preliminary objection filed by Aliyu and Gobir.
Ameh prayed the court to allow his client’s appeal and grant all the reliefs sought.
Lawyer to Aliyu and Gobir, Wole Olanipekun (SAN) urged the court to uphold his clients’ preliminary objection and strike out the appeal, or dismiss the appeal for lacking in substance and to uphold the two concurrent decisions of the tribunal and Court of Appeal.
Lawyers to the APC and INEC – Hassan Liman (SAN) and Chukwudi Enebeli – equally urged the court to dismiss the appeal.
In their ruling, Justice Kudirat Kekere-Ekun, who led a five-member panel, said parties would be informed when the judgment is ready.
Justice Kekere-Ekun said, as agreed by lawyers to parties, judgment in the appeal heard, would be applied to a sister appeal, SC/CV/1257A/2023.
In the Taraba case, the appellants’ lawyer, Olusegun Jolaawo (SAN) urged the court to reject the preliminary objection filed by INEC and allow the appeal and grant all reliefs sought.
Lawyers to the respondents, including Kanu Agabi (SAN) prayed the court to dismiss the appeal for being academic and affirm the concurrent judgments of the two lower courts.
Justice Kekere-Ekun also announced that judgment in the appeal, which is reserved, will be applied to the sister appeal marked: SC/CV/1243/2023.
