The State and National Appeal Court sitting in Lagos on Tuesday reserved ruling in the appeal filed by the Labour Party and the Peoples Democratic party (PDP) against the re-election of Gov. Babajide Sanwo-Olu.
The Labour Party candidate, Mr Gbadebo Rhodes-Vivour and Mr Abdulazeez Adediran of PDP, are challenging the Sept. 25, ruling of the election tribunal which upheld the March 18, re-election of Sanwo-Olu.
At the hearing of the appeal on Tuesday, the Lead Justice, Yargata Nimpar, reserved ruling after listening to the argument of the parties.
Nimpar said the date for judgement would be communicated to the parties.
Earlier, Counsel to Labour Party, Mr Benson Olagbade, urged the court to allow the appeal and set aside the decision of the tribunal.
According to him, the tribunal erred in law when it held that the burden of proof of specific oath of allegiance subscribed to by Hamzat, as well as the evidence of his renounced citizenship rests on the appellant.
He urged the court to interprete Section 182 (1) (a) of the Constitution regarding the disqualification of Sanwo-Olu and his deputy, Dr Kadiri Hamzat.
“We invite this court to give full interpretation of the law to this matter.
“It does not matter whose ox is gored,” Olagbade said.
Responding, Mr Wole Olanipeku (SAN), counsel to Lagos Gov Sanwo-Olu and his deputy, Hamzat, urged the court to dismiss the appeal.
He said the dual citizenship argued by the appellant was never brought before the tribunal.
“They are now presenting a case of dual citizenship, they believe that this is a trial court.
“The tribunal found out that the purported oath of allegiance to a foreign country was not before it so it ruled it out.
“We urge your Lordship to dismiss this appeal,” Olanipekun said.
In the second case, PDP, filed its own appeal asking for disqualification of Sanwo-Olu’s re-election.
He also faulted the tribunal for striking out his petition against Rhodes-Vivour, the candidate of the Labour Party in the election.
Adediran and his political party (PDP) reiterated that their petitions, asking for the disqualification of APC and Labour Party candidates, were premised on the provision of Section 177(c) and 182(1)(j) of the constitution.
He said the Sections were constitutional grounds for qualification and disqualification for the office of Governor in Nigeria and supported by section 134(1) and 134(3) of the Electoral Act 2022.
Counsel to Sanwo-Olu and his deputy, Olanipekun submitted that the reliefs sought by the appellants were such that they must succeed on the strength of their petition and not on the weakness of the respondents.
He argued that the appellants did not prove anything before the lower tribunal and no burden shifted to the respondents to disprove any fact.
“In the instant case, the petitioner tendered the alleged false document (Exhibit P36) from the bar, the petitioners could not produce before the court the original document from which exhibit P36 was counterfeit.
“It is trite law that where oral evidence and documentary evidence tendered by a party in proof of a fact says different, that party cannot be said to have led credible and cogent evidence in proof of that fact,” Olanipekun argued.
In the past few weeks, the sacking of lawmakers by the Court of Appeal from their respective seats has set many tongues wagging.
In separate judgments by the Appeal Court, each of the federal lawmakers got sacked for different reasons.
Elisha Abbo (Adamawa North) was the first to be sacked followed by Abubakar Sadiku-Ohere (Kogi Central). The Court of Appeal, Lagos Division also sacked Darlington Nwokocha
Simon Mwadkwon (Plateau North) was the third senator who was removed by the appeal court. It, however, ordered the Independent National Electoral Commission (INEC) to conduct a rerun within 90 days.
Abbo and Sadiku-Ohere are members of the All Progressives Congress (APC).
Mwadkwon is a member of the PDP and the minority leader of the Senate.
The Nation’s Alao Abiodun chronicles the timeline of legal activities below:
1. Kwankwaso vs Datti
The Court of Appeal in Abuja sacked Musa Ilyasu Kwankwaso of the All Progressives Congress and reinstated Yusuf Umar Datti of the New Nigeria People’s Party in the Kura/Madobi/Garun Malam Federal Constituency Election.
The three-panel led by Justice Tunde Oyebamiji Awotoye allowed an Appeal by Yusuf Datti and averred that the tribunal was wrong to have counted the date of the Appellant’s resignation on the date of his party’s primary election and that Section 77 of the Electoral Act was misapplied, saying no court has jurisdiction on the issue of membership of the party.
2. Nwokocha vs Akobundu
The Court of Appeal, Lagos Division also sacked Darlington Nwokocha, the Senate minority chief whip, representing Abia Central under the platform of the Labour Party (LP).
The court declared Augustine Akobundu of the Peoples Democratic Party (PDP) as the authentic winner of the 25 February election in the senatorial district.
Akobundu, a retired colonel, is a former minister of state for Defence and former national organising secretary of the PDP.
3. Senator Abbo vs Amos Yohanna
The Court of Appeal, Abuja Division also sacked Senator Ishaku Abbo, the lawmaker representing Adamawa North Senatorial District in the National Assembly.
The court voided the election of Abbo of the ruling All Progressives Congress (APC) in favour of the candidate of the Peoples Democratic Party (PDP) Amos Yohanna.
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 both parties and found that Yohanna and the PDP won the election by a majority of lawful votes.
4. Hon. Jingi Rufai vs Hon. Jaafar Magaji
An Appeal court sitting in the Federal Capital Territory, Abuja also sacked the member representing Mubi North, Mubi South and Maiha of Adamawa State, at the House of Representatives, Hon. Jingi Rufai.
The court had sacked the People Democratic Party (PDP) candidate at the 2023 National Assembly election while declaring Hon. Jaafar Magaji of the All Progressive Congress (APC) as the winner of the election for the constituency & ordered INEC to issue him with a certificate of return.
5. Ohere vs Natasha Akpoti
The Abuja Division of the Court of Appeal affirmed Natasha Akpoti-Uduagan (PDP) as the winner of the Kogi Central Senatorial Election conducted earlier in February.
The court dismissed the appeal filed by Senator Abubakar Sadiku Ohere (APC, Kogi Central) for lacking in merit.
Recall that in September, the Kogi State Election Petition Tribunal in Lokoja had nullified the victory of the Senate Chairman Committee on Local Content, Ohere of the All Progressives Congress.
Ohere, however, headed to the appellate court to seek redress but the court rejected his appeal and upheld Akpoti-Uduagan as the winner of the election.
6. Mohammed Salihu vs Abubakar Baba Zango
The Court of Appeal sitting in Abuja also set aside the judgment of the National Assembly Election Petitions Tribunal sitting in Yola, Adamawa State, which had affirmed Mohammed Salihu as duly nominated by the People’s Democratic Party (PDP) to contest for the last House of Representatives election.
Salihu contested for the Girei/Yola South/Yola North federal constituency election and won.
The lower court had dismissed the petition filed by Abubakar Baba Zango and the All Progressives Congress (APC) which contended that the PDP lawmaker was at the time of the National Assembly elections on February 25, not qualified to run because he allegedly presented a forged primary school certificate and birth certificate to the Independent National Electoral Commission (INEC).
Abubakar’s legal team had prayed the tribunal to nullify the PDP candidate’s election on that ground as well as order INEC to issue him a certificate of return having emerged as second runner-up in the said election.
But during its judgment at the time, the chairman of the tribunal, Justice Aloysius Okuma, dismissed Abubakar’s petition saying he failed to provide credible evidence to prove his certificate forgery allegations, especially in the area of name variation.
Dissatisfied, Abubakar’s lawyer, F.K. Idepefo, approached the Appeal Court to set aside the judgment and declare his client the House of Representatives member for the constituency in dispute.
Idepefo contended in his processes that “the justices of the election tribunal completely misconceived the case of the appellants in resolving that Salih, Salisu or Salihu is a misnomer or a variant of the name Salihu, as that was not the case of the appellants, rather, the case of the appellants is that certificates presented to INEC were forged.”
7. Chijioke Okereke vs Anayo Onwuegbu
The Court of Appeal also sacked Chijioke Okereke of the Labour Party as the member representing Aninri/Awgu/Oji-River Federal Constituency.
The Court dismissed Okereke’s appeal against an earlier sack by the Enugu State National Assembly Election Petitions Tribunal.
In a judgement delivered on Monday, the Court ruled that the appeal against the tribunal ruling that Anayo Onwuegbu of the Peoples Democratic Party, PDP, is the rightful winner of the election, lacks merit.
The tribunal had sacked Okereke, affirming Onwuegbu as the duly elected candidate of the February 25 poll.
Onwuegbu had approached the tribunal challenging the declaration of Okereke on the grounds that he was a stranger to the election as his name was not on the result sheet as the candidate of the Labour Party.
8. Stainless Nwodo vs Martins Oke
The Court of Appeal sitting in Lagos nullified the election of Stainless Nwodo, a member representing Igbo-Etiti/Uzo-Uwani federal constituency of Enugu State in the House of Representatives.
The appellate court declared that Rt. Hon. Martins Oke of the Peoples Democratic Party, PDP, won the February election.
The candidate of the PDP, Oke, and his All Progressives Congress, APC, counterpart, Samuel Ekwueme, had challenged Nwodo’s victory at the tribunal.
The duo asked the tribunal to sack the LP candidate over alleged certificate forgery and irregularities during the election. But the court struck out their petitions.
The PDP and APC candidate, however, dragged Nwodo to the appeal court, insisting that he was not qualified to run for the election.
9. Ndudi Elumelu vs Ngozi Okolie
The Court of Appeal sitting in Abuja also sacked the Peoples Democratic Party (PDP) candidate, Ndudi Elumelu and affirmed the Labour Party (LP) flagbearer, Ngozi Okolie, as the winner of the 2023 election for Aniocha/Oshimili federal constituency, Delta state.
The court of appeal in a judgment set aside the ruling of the national and state houses of assembly election tribunal in Asaba, the capital of Delta state.
The tribunal had initially declared Elumelu as the winner but the appellate court has now affirmed Okolie as the duly elected lawmaker.
The former Minority Leader of the House of Representatives had filed a petition before the tribunal praying it to disqualify Okolie.
Member representing Ethiope Federal Constituency of Delta State, Hon Ibori-Suenu Erhiatake, has dedicated her victory at the Court of Appeal to God and to her constituents.
The Appeal Court sitting in Lagos on Tuesday affirmed the election of People’s Democratic Party (PDP) lawmaker.
In a statement made available to reporters in Abuja on Tuesday Rep Erhiatake described the ruling as victory to God and her constituents.
She lauded the decision of the Appeal Court, saying democracy has come to stay.
She floored Ben Rolands Igbakpa of New Nigeria People’s Party (NNPP), Mr Halims Ahoda of All Progressives Congress (APC) and Ogboru Michael Etabunor of the All Progressives Grand Alliance (APGA).
Ibori-Suenu is the daughter of a former governor of Delta State and National Leader of the PDP in the state, Chief James Onanefe Ibori.
The Court of Appeal, Lagos Division, has reaffirmed the victory of Senator Orji Uzor Kalu of the All Progressives Congress (APC), representing the Abia-North senatorial district.
In a unanimous ruling on Monday, November 6, the Appeal Court upheld the judgment of the National Assembly Petitions Tribunal, Umuahia which earlier dismissed the petition of Peoples Democratic Party’s Mao Ohuabunwa and Labour Party’s Nnamdi Iro Orji for lacking merit.
The court while upholding the victory of Kalu, according to a statement by his media office in Abuja, said that the election of the former Abia Governor complied with the provisions of the Electoral Act.
The Appeal Court Justices also faulted the arguments of both petitioners that the election was not held in over 120 polling units mainly in Ohafia and Arochukwu Local Government Areas of the zone.
The court also set aside the prayers of Iro Orji, to disqualify Senator Kalu, for having allegedly admitted before the Federal High Court that he was convicted of fraud.
The panel in its ruling held that there is no valid conviction of Senator Orji Uzor Kalu under Section 66 of the Nigerian Constitution as the said conviction had been nullified.
Further dismissing the appeals of Iro and Ohuabunwa, the panel also ruled that appellants of both the PDP and LP failed to prove their allegations of elections not being held in some polling units.
The court in its constitutional interpretation also validated Kalu’s eligibility to contest the election stating that his trial and conviction were quashed by the Supreme Court.
Three other grounds of the LP candidate were dismissed in Kalu’s favour.
Kalu, a chieftain of the APC, was declared the winner by the INEC returning officer for Abia North, Chinedu Nnamdi at Ohafia.
Kalu a two-term senator who currently chairs the Senate committee on privatisation and commercialisation, was declared the winner by INEC in the February 25 Senatorial poll having scored 30,805 votes to defeat Nnamdi who got 27,540 votes.
The Abia Senator’s other opponent Mao Ohuabunwa of the Peoples Democratic Party (PDP) scored 15,175 votes to place third.
The Appeal Court hearing the Imo State Election Petitions has declared the venue of the Peoples Democratic Party (PDP) primaries as valid.
It affirmed the victory of Emeka Chinedu of the PDP as the winner of the House of Representatives election for Ahiazu Mbaise/ Ezinihitte Federal Constituency.
The Appeal Court panel, led by Justice Biobele Georgewill, agreed with the findings of the tribunal.
It, however, struck out the appeals by Nnanna Igbokwe of the All Progressives Congress (APC), and the Labour Party (LP) candidate, Darlington Amaechi as lacking in merit.
The court held that the issues canvassed were not proven.
The judgment resolved all the issues of the PDP primaries venue, holding it was purely a pre-election issue, therefore, the Appeal Court lacks jurisdiction to entertain it.
The Appellate Court held that the issue of venue was the basis upon which the APC and LP challenged Chinedu’s victory.
On September 7, the tribunal for National and State Assembly for Imo State, which sat in Nassarawa, declared Chinedu the rightful winner of the election for the Ahiazu /Ezinifitte Mbaise Federal Constituency seat.
It held that other political parties lacked the authority or locus standi to interfere in the internal affairs of another party.
It further held that the issues of venue of primaries are purely pre-election issues which the tribunal lacked the powers and jurisdiction to dabble into.
The court held that a case by the Supreme Court cited by the appellants had no connection or relationship with the eligibility of the respondents.
It found that the Supreme Court had earlier affirmed the issue of the primary election that produced Chinedu.
The issue of the PDP primaries venue had been considered by the High Court, Appeal Court, and Supreme Court, all affirming Chinedu’s emergence as valid.
The verdicts held that Igbokwe of the APC was deemed an interloper who was attempting to interfere in the internal affairs of the PDP.
The Centre for Judicial Integrity Watch hailed the Appeal Court judgment as a victory for democracy.
It noted that the venue of PDP primaries and sponsorship are clear issues that tribunals lack jurisdiction to entertain.
The Centre, however, expressed shock at the decision of the same Appeal panel to refuse to uphold the election of Jonas Okeke, whose primary election was held at the same venue.
It urged the Court to remain consistent on clear issues of law that have abundant judicial precedent and constitutional provisions.
The Court of Appeal sitting in Abuja has dismissed an appeal filed by Jamilu Mohammed of the Peoples Democratic Party (PDP) against an earlier ruling of the Election Petition Tribunal which had declared the 2023 Election Conducted for the Faskari/Kankara/Sabuwa Federal Constituency inconclusive.
The Independent National Electoral Commission (INEC) declared Jamilu Mohammed winner of the election but in a ruling by the Election Petition Tribunal, which sat in Katsina, declared the election inconclusive and ordered INEC to conduct election in 20 polling units of Faskari and Kankara Local Councils.
The Court of Appeal in its ruling delivered by the Presiding Judge, Justice Moore Aseimo A. Adumein upheld the position of the Tribunal in declaring the election inconclusive while also surcharging Jamilu Mohammed a fine of N300,000:00 to be paid to the All Progressives Commission (APC) candidate in the Election, Shehu Dalhatu Tafoki.
The Court of Appeal in Abuja has sacked the former governor of Benue state, Gabriel Suswam, as the Senator representing Benue North East Senatorial District.
A unanimous judgment on Wednesday, November 1, by a three-member panel, held among others that Suswam was not the actual winner of the senatorial election held on February 25.
The appellate court faulted the earlier judgement of the National and State Houses of Assembly Election Petitions Tribunal, which had affirmed Suswam, of the Peoples Democratic Party (PDP) of the election after it set aside the Independent National Electoral Commission’s (INEC) return of Emmanuel Udende of the All Progressives Congress (APC) as the winner of the poll.
The Court of Appeal voided the certificate of return issued to Suswam and ordered INEC to issue a new certificate of return to Udende.
It held that the tribunal did not properly evaluate the evidence presented before it by the parties while hearing the petition by Suswam and thereby arrived at an erroneous conclusion that upheld the petition, which challenged Udende’s election victory.
A few hours after the court of Appeal in Abuja decided to restore Chief Timipre Sylva as governorship candidate of the All Progressives Congress(APC) in Bayelsa State,South South Coordinator of The Asiwaju Group, Pastor Reuben Wilson, has urged President Bola Ahmed Tinubu to mobilise full support for the election of Sylva.
He said in a statement that it was time for the all APC leaders, including the Minister of State for Petroleum, Senator Heineken Lokpobiri, to be in Bayelsa State for full campaigns.
Wilson lamented that the Minister was yet to show signs of support for Sylva and the only way to prove critics wrong was for him to join Tinubu and other APC leaders in campaigning for the party in the next few days for the success of the APC.
Anything short of that, Wilson said, should attract the wrath of the President.
According to him: “Yesterday, in my open letter to Mr President, I had called for his gracious intervention as leader of our party, to make sure the APC wins next weekend in Bayelsa State.
“I will re-echo that call by urging him to summon a meeting of all gladiators and stakeholders from Bayelsa State APC, including the minister of state for petroleum, Senator Heineken Lokpobiri, who has not shown any form of commitment to the Sylva election project up till now.
“Instead of being committed to the project, he is seen to be hobnobbing with our opponents while also patronising and supporting those who never supported the APC in the past elections. I insist that the position Senator Lokpobiri is occupying should be taken from him and given to those who have shown capacity and total commitment to the progress of the party in Bayelsa State.
“The general suspicion is that Senator Lokpobiri and many others like him, are working at cross purposes, against the interest of the party. This cannot be allowed to continue unchecked, if the party must win the forthcoming election. There cannot be a better time for all party members to sink their differences and come out in full force to queue behind Sylva.
“With a few more weeks left before the public campaign window closes, I will want our national leader, Asiwaju Bola Ahmed Tinubu and the national executive committee of the party to come to Yenagoa and personally campaign for the APC.
“They should also ensure that Lokpobiri and other top party chieftains mount the rostrum and publicly campaign for Sylva. The current lack-lustre attitude of these party stakeholders is not in the interest of our party.”
He commended the judiciary for the boldness to do justice to the case and restore Sylva to the ballot, saying that he was confident of victory for the APC in November 11.
Kogi State governor, Yahaya Bello, on Tuesday, October 31, said he has accepted the Appeal Court’s decision affirming the election of Natasha Akpoti-Uduaghan as the Senator representing Kogi Central District.
Governor Bello, who also congratulated Akpoti-Uduaghan on her victory, spoke to journalists at the State House, after attending the Police Council meeting.
He has, therefore, called on the people of the state, particularly in Kogi Central where he hails from, to accept the court judgment and remain law-abiding.
Governor Bello emphasized that Akpoti-Uduaghan and Abubakar Sadiq Ohere, who lost his seat as the senator representing the zone as well as himself are relations and have no need to quarrel.
He said that it was his responsibility to ensure that everyone lives in peace and harmony in the state.
The governor appealed to citizens to continue to prepare for the November 11 gubernatorial election in the state, which he said the All Progressives Congress (APC) would win by a landslide.
He said: “I accept the decision of the appeal court and I use this opportunity to congratulate my sister Barrister Natasha as a senator of the Kogi central senatorial district.
“I, as the executive governor of Kogi state received the news of the decision of the Court of Appeal nullifying the election of Senator Abubakar Sadiq Ohere and affirming Barrister Natasha Akpoti as the senator representing Kogi Central.”
The Court of Appeal, Abuja, on Tuesday, affirmed the election victory of Natasha Akpoti-Uduagan of the Peoples Democratic Party (PDP) as the winner of the Kogi Central Senatorial election held in February.
The three-member panel, in a judgment, upheld the judgment of the state’s election tribunal and dismissed the appeal filed by Sen. Abubakar Ohere of the All Progressives Congress (APC).
The court agreed with the submission of counsel for Akpoti-Uduagan, Mr Joshua Usman, SAN, for being meritorious.
The appellate court also awarded the sum of N500, 000 against the Ohere.
Tye News Agency of Nigeria (NAN) reports that the Kogi State National and State Assemblies Tribunal, had, on Sept 6, declared Akpoti-Uduagan the validly elected candidate for the poll.
The tribunal also invalidated the victory of Sen. Ohere.
The Tribunal Chairman, Justice K. A. Orjiako, delivered the unanimous judgment of the three-man panel, revealing that Sen. Ohere’s results were inflated in nine polling units in the Ajaokuta Local Government Area.
He added that the Independent National Electoral Commission reduced Natasha’s results in those areas and omitted the results of three other polling units meant for Natasha in the same LGA.
Following the necessary corrections, the court declared Natasha as the winner of the election with 54,074 votes, surpassing Ohere, who garnered 51,291 votes.
But unsatisfied, Ohere approached the Court of Appeal seeking to upturn the election.
