The Supreme Court yesterday dismissed an appeal by the Social Democratic Party (SDP) and its candidate in Adamawa State, Umar Ardo, against the election of Governor Ahmadu Fintiri of the Peoples Democratic Party (PDP).
A five-member panel led by Justice John Okoro ruled after the appellants’ lawyer, Mr Sylvester Imhanobe, applied to withdraw the case, marked: SC/CV/1219/2023.
The justices noted that the appeal did not raise any major issue requiring adjudication.
The apex court also dismissed the cross-appeal filed by Fintiri, marked: SC/CV/1220/2023 given the withdrawal of the main appeal by Ardo.
The court has also reserved judgments in two appeals against Abia State Governor Alex Otti of the Labour Party (LP).
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After the appeals were argued by lawyers to parties, Justice Okoro announced judgments in both appeals are reserved till a date to be communicated to parties.
The first appeal, marked: SC/CV/1250/2023 was filed by Okechukwu Ahiwe and the PDP.
The second, marked: SC/CV/1252/2023, is by Ikechi Emenike and the APC.
Lawyer to the appellants in the first appeal, Uche Ihediwa (SAN), prayed the court to allow the appeal and set aside the judgment of the Court of Appeal which affirmed Otti’s election.
Ihediwa argued that the lower courts failed to accord the appellant a fair hearing.
He also claimed that the election tribunal and the Court of Appeal did not properly evaluate his clients’ evidence.
The respondents – the Independent National Electoral Commission (INEC), LP and Otti urged the court to dismiss the appeal.
Abiodun Owonikoko (SAN) for the LP and Onyechi Ikpeazu (SAN) for Otti faulted Ihediwa’s case.
They argued that the lower courts were right in their findings that the appellants failed to provide credible evidence to support their case.
Immediate past Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) argued the appeal by Emenike and the APC.
According to him, his clients’ appeal seeks to disqualify the candidates of the LP, PDP, and All Progressives Grand Alliance (APGA) because they were not properly nominated and sponsored for the election.
Malami argued that the candidates were not members of the parties when they contested the election, violating Section 177 of the Constitution.
He prayed the court to allow the appeal, set aside the judgments of the tribunal and the Court of Appeal and grant all the reliefs sought.
Counsel for the respondents, including Omosanya Popoola (for the second respondent) and Nnamdi Ahaaiwe (for the seventh respondent), faulted Malami’s argument.
Lawyer to the PDP and Ahiwe (fourth and fifth respondents), Mrs. Udochi Iheanacho, said Ahiwe was qualified and fulfilled all the requirements to be sponsored as the candidate for the election.
Mrs Iheanacho added that Ahiwe resigned 30 days before the election as constitutionally required.
All the respondents (seven in all) urged the court to dismiss the appeal and affirm the concurrent decisions of the two lower courts.





