The Court of Appeal sitting in Makurdi yesterday dismissed an appeal brought against Benue State Governor Gabriel Suswam by a former governorship aspirant of the Peoples Democratic Party (PDP), Mr. Terver Kakih.
Kakih had sued Governor Suswam to a Federal High Court sitting in Makurdi, seeking, among others, a declaration that Suswam was not qualified to contest the 2011 governorship election; that Governor Suswam supplied false information in Form CF001 to the Independent National Electoral Commission (INEC); and that he (Kakih) be declared the governorship candidate of the PDP and by extension the governor-elect of Benue State on the platform of the PDP.
In a judgment by Justice John Inyang Okoro, leading four other justices, the appellate court unanimously dismissed Kakih’s case anchored on 10 grounds of appeal and awarded N50,000 cost in favour of the PDP and Governor Suswam.
However, the Federal High Court presided over by Justice Marcel Awokulehin on July 11, 2012 ruled that it had no jurisdiction to entertain Kakik’s case on the basis of PDP v Timpreye Silva’s case earlier decided by the Supreme Court. The court held that even if it had jurisdiction, Kakik did not prove his case as required by law.
Before dismissing the appeal, the court considered notice of preliminary objection filed by Jibrin Samuel Okutepa, SAN, counsel to the PDP and Governor Suswam.
In the preliminary objection, Suswam, through his counsel argued that the notice and grounds of appeal were in breach of the rules of the Court of Appeal and that the notice and grounds of appeal were not in respect of the judgment of the Federal High Court; that ground four of the notice and ground of appeal was in relation to an interlocutory decision.
The Court of Appeal agreed with the preliminary objection raised by Suswam’s counsel and accordingly dismissed the appeal.
Delivering judgment, Justice Okoro said court documents were serious documents that should not be left in the hands of a carpenter to prepare and read, adding that when objection was raised as to the fact that notice and the grounds of appeal were against the decision of the Federal High Court delivered on July 11, 2011 instead of 2012, counsel to the appellant could not respond, and queried: “What did he expect us to do?”
On the merit of the case, Justice Okoro resolved the three issues in the appeal against the appellant, declaring that Governor Suswam was qualified to contest the 2011 elections; that the governorship primaries of the PDP in 2011 were conducted in accordance with the PDP electoral guidelines and the party’s constitution; and that the appellant was wrong to have taken his case to the Federal High Court, which lacked jurisdiction to entertain the case, thus upholding the decision of Justice Awokulehin of the Federal High Court Makurdi made on July 11, 2012.
Reacting to the judgment, Governor Suswam said he had been vindicated and his accusers had been exposed as blackmailers desperate to dent his hard-earned reputation.
