There is confusion in Kaduna State, following judgment of the Governorship Election Petition Tribunal.
Two parties in the dispute, Governor Uba Sani of the All Progressives Congress (APC) and the PDP candidate, Isah Ashiru, are laying claim to victory and giving antagonistic interpretations to the judgment.
While Sani said the tribunal affirmed his victory, Ashiru disagreed, saying that the tribunal has displaced him and he should handover the certificate of return with him to the Independent National Electoral Commission (INEC).
After three months of legal fireworks, the tribunal gave two lead judgments on the the March 18 poll.
In a split judgment, the three-man panel dismissed the petition filed by the PDP candidate, Isah Ashiru, against Sani because it was filed out of time.
The tribunal, which also declared the election as inconclusive, ordered a rerun in 22 polling units across four local governments.
In other states-Akwa Ibom and Plateau-ruling and opposition parties continued to count their gains and loses at the various tribunals.
In Ogun State, Governor Dapo Abiodun of the APC and his PDP challenger, Ladi Adebutu, will know their fate tomorrow at the tribunal.
The chairman of the Kaduna panel, Justice Victor Oviawie, who delivered the five and half hours judgment, and a panel member, Justice N. Nonye, said since the petition was filed after seven days prescribed by the constitution, it was deemed to have been abandoned.
However, Justice K. Damlat, who gave a dissenting judgment, said the preliminary notice was properly filed and not abandoned.
In compliance with the Supreme Court Standing Order, the tribunal looked at the merit of the petition, noting that the petitioner was able to prove beyond doubt that the election was invalid in 22 polling units across four local government areas.
Also, Damlat and Nonye noted that the number of registered voters who have collected their PVCs in the four local governments are more than the 10,806 votes margin with which Sani defeated Ashiru
According to the tribunal, the election, to that extent, was inconclusive.
But, Justice Oviawie differed, saying that the allegation that the election was invalid in those 22 polling units within four local governments were not proved beyond doubt.
Counsel to the APC, Sanusi Musa (SAN) hailed the verdict, adding that Sani will not appeal it because it favoured him and his party.
He said: “The tribunal has dismissed the petition filed by PDP and its candidate in the lead judgment. The tribunal ruled that the petition has been abandoned and it was dismissed. We are happy with the judgment because it affirmed the election of Governor Uba Sani.”
On the other aspect of the judgment, which focussed on the merit of the case, Musa said: “When the tribunal looked at the merit of the petition, two of the judges said election in 22 polling units was inconclusive because the number of registered voters in the is more than the margin between the winner and the first runners up”.
However, counsel to the PDP, Baba Aliyu, said Ashiru and PDP were not fully satisfied with the judgment, adding Ashiru Kudan should have been declared the winner, based on their arguments and facts laid before the tribunal.
He hinted that the PDP candidate will appeal because they believed that with the evidence before the tribunal, the election should have been upturned.
Sani: It’s victory for democracy
Sani hailed the judgment, describing it as a victory for democracy, the rule of law, validation of the people’s will and God’s decree.
But, Ashiru said he will pursue the case to a logical conclusion.
In a statement he personally signed, Sani said:” On this historic day, I join the people of Kaduna State to celebrate this monumental victory for democracy. I consider this verdict, not only as a win, but a call to action, a call to deliver on our campaign promises as captured in the SUSTAIN agenda.
“This victory is a testament to the strength of our great judicial institutions and a proud moment for me as one of the pioneer advocates for democratic governance in Nigeria decades ago.
“The Deputy Governor, Dr Hadiza Sabuwa Balarabe, and I, express our immense gratitude to the good people of Kaduna State for their prayers, support and firm belief in our mandate. Indeed, your unshaken loyalty and confidence in our administration is the propellant to ensuring we continue to deliver on our promises to you.”
The governor, who commending the tribunal judges for their diligence and steadfastness in handling the case, described their commitment to truth, justice and the rule of law as exemplary.
He thanked his legal team for their representation, and praised the leadership and members of the ruling party for their unflinching support from the beginning of the tribunal.
Ashiru: I will appeal
Ashiru expressed delight at the judgment, noting the tribunal’s pronouncement that the election was inconclusive and that there should be rerun in 22 polling units.
He said: “First, I give glory to God Almighty for the progress made so far in our effort to reclaim the mandate given to us by the good people of Kaduna State. I also thank the people of the state for widely believing in me and the PDP.
“Also, given the ruling of the Kaduna state election tribunal, it has become necessary to share with our teaming supporters, the true position of the ruling.
“On the preliminary objection, the tribunal, based on the majority of 2:1 judges upheld the preliminary objection of the respondent to the effect that the application for pre-hearing was done prematurely, i.e. before the service of the last set of petitioners’ reply to the 2nd respondent’s reply to the petition was served.
“However, the law enjoins the tribunal, as a trial court, to proceed to pronounce on the merit of the substantive suit so that in the event the court of appeal finds that the trial tribunal was wrong in its decision on the preliminary objection, it would have the benefit of pronouncing on the decision of the tribunal in the substantive matter.”
He added: “Accordingly, the trial tribunal finds merit in the aspect of the petitioner’s case relative to the margin of win between the two leading candidates. The tribunal by a split decision of 2:1 accordingly, nullified the election of the governor of Kaduna state, ordered that the Certificate of Return be retrieved and fresh elections be conducted in some polling units in 4 LGAs and the outcome thereof be reckoned with before the declaration of the winner of the governorship election in Kaduna state.
“I want to again thank the people of the state while urging them all to remain lawabiding while we pursue the appeal process.
“One thing I can assure the good people Kaduna state is that I will pursue this mandate you freely gave me to its logical conclusion and by the grace of God, victory on our side,” Ashiru said.
Akwa Ibom APC candidate losses
The Governorship Election Petition Tribunal sitting in Uyo dismissed the petition by the Akwa Ibom State APC candidate, Akanimo Udofia, challenging the victory of Governor Umo Eno of the PDP.
Udofia had alleged that Eno presented forged documents to the INEC, and that he also did not score the highest number of valid votes in the election.
He also accused the 2nd respondent of being convicted by an Abuja Magistrate Court, insisting that he was not qualified to be fielded for elections.
But the tribunal, in its unanimous decision, ruled that the allegations of substantial non-compliance with the electoral law in the conduct of the elections, was not sufficiently proven by the petitioners.
The panel, chaired by Justice Adekunle Adeleye, also unanimously upheld the judgment of the magistrate court, which had nullied Eno’s conviction.
The tribunal disagreed with the petitioner on the legality of the setting aside of judgment by the same magistrate.
It said: “It is not the duty of the tribunal to determine if the decision of the magistrate court to upturn its own judgment was justified. That falls under the jurisdiction of the Abuja High Court.”
On the issue of the qualifications of the 2nd respondent, the tribunal maintained that the Supreme Court had already determined that Pastor Eno was the authentic owner of the WAEC certificates he submitted to INEC.
The lead judgment read by Justice Kadi Usman Sikudu, also held that the petitioners, having alleged that Eno was not the owner of the certificate he submitted to the 1st Respondent, INEC, did not produce any other person, as the authentic owner of the said 1981 WAEC certificate.
The tribunal also expunged the evidence tendered by the petitioners’ subpoenaed witness, an acclaimed Interpol officer, who came to tender a report on the 2nd respondent’s WAEC results.
On the petitioners’ allegation that the PDP made use of public office holders such as one Uwem Ekanem as collation agent in Ikot Abasi local government area, the tribunal ruled that Uwem Ekanem’s membership of the board of Ibom Power Company cannot be classified as political office and that a party agent’s membership of a company’s board was not a sufficient reasonsfor a candidate to be disqualified.
Udofia’s petition, according to the tribunal, lacked merits as the petitioner was not able to establish one polling unit in which there was non-compliance with the electoral law.
The tribunal also dismissed the ground of challenging the eligibility of Senator Bassey Albert, who came second in the election.
The tribunal insisted that at the time of the election, there was a subsisting appeal by the convicted YPP candidate and this made him eligible to contest in the election.
The tribunal also dismissed the claims by APC that Senator Albert was not qualified to be fielded by YPP, having already vied for the same office in the PDP.
It ruled that the petitioner not being a member of the YPP, had no basis to challenge the candidate fielded by another party and how he emerged as the candidate.
The panel had previously thrown out petitions by governorship candidates of the New Nigeria, Peoples Party (NNPP), Senator John James Akpan Udoedehe, and African National Congress(ANC), Ezekiel Nyaetok, as lacking in merit.
Abiodun, Adebutu know fate tomorrow
The Ogun State Election Petition sitting in Abeokuta will deliver judgment tomorrow on the governorship litigation involving Governor Abiodun and Adebutu.
Adebutu is praying the tribunal headed by Hamidu Kunaza to nullify the governor’s victory and declare him winner.
Adebutu, among things, is also seeking an order of the tribunal to upturn the election of Abiodun, alleging that the poll was riddled with violence, irregularities and rigging.
Ogun State APC Publicity Secretary, Tunde Oladunjoye, said justice would be done in respect of the matter.
He said: “We are feeling very hopeful, having known we worked and earned the victory with the support of God and the good people of Ogun State who voted for continuity.
“We believe justice would be done. There is no anxiety anywhere as we believe that not only did PDP lose the governorship election, the party also presented a porous petition that can’t stand thorough judicial scrutiny. We call on our supporters to be calm and prayerful,” Oladunjoye said.
In the final oral and written address through his counsel, Mr Chris Uche (SAN), Adebutu, who is not in the country at the moment, had prayed the tribunal to grant all the reliefs, including the disqualification of Mr Abiodun as a candidate.
He alleged non-compliance by INEC with the Electoral Act and corrupt practices by the governor and his party, saying that the exercise was sabotaged by thugs who allegedly deployed violence in over 99 polling units to disenfranchise over 40,000 voters.
But in his written address through his counsel, Chief Wole Olanipekun (SAN), Abiodun urged the tribunal to dismiss the petition filed by Adebutu and his party against his victory.
Also, in their separate submissions, counsels to the 1st respondent (INEC), Mr Remi Olatubora (SAN), and the APC, Mr Tayo Oyetibo (SAN), told the tribunal that the petitioners failed to prove their case beyond a reasonable doubt.
Counsel to INEC, Olatubora, specifically asked the tribunal to dismiss the petition for absolutely lacking in merit and being a waste of the tribunal’s precious time.
He posited that the allegations of corrupt practices, non-compliance, multiple thumb printing of ballot papers, ballot stuffing, and forgery as alleged by Adebutu and his party were not proved beyond any reasonable doubt
He also described the testimony of the witnesses brought by the petitioners as heresy, which is not admissible in law.
Also, Olanipekun, in his final address, described Adebutu’s petition as a mere academic exercise.
He submitted that the petition was not duly signed or stamped and, therefore, lacked merit to be adopted..He urged the Tribunal to strike it out.
Olanipekun said: “The document is not signed, not dated, no heading, no title, no identity, no signature, no stamp. The CTC has no signature,” Olanipekun alleged.
However, in his counter-argument, Uche told the tribunal that all documents presented by the petitioners were obtained from INEC.
He urged the tribunal to declare Adebutu the winner of the governorship election or, in the alternative, order a rerun of the election in 99 polling units where he alleged that there were disruptions.
Plateau tribunal upholds Joseph’s victory
The National and State Houses of Assembly Election Tribunal sitting in Jos, affirmed the victory of House of Representatives member from Langtang North State Constituency, Nannim Joseph Langyi
Justice Emmanuel Nwazunku, in his judgment, said the petitioners failed to discharge the burden of proof of over voting alleged in the petition filed by Nimchak Abel Nansak of the All Progressives Congress (APC), challenging the election of Joseph of the Peoples Democratic Party (PDP).
The Tribunal ruled that PDP has solid structure in Plateau State after the Congress held on the 25th September, 2021, at Langfield Leisure Park Rayfield, Jos South Local Government Council and that the petitioner is neither member of the 3rd respondent and lacked the locus standi to challenge the nomination and sponsorship of the second respondent .
Dismissing the petition, the tribunal said:”It is a waste of the tribunal precious time.”
It was learned that, so many documents related to the petitioners were struck out for incompetent and didn’t add probative value to the Tribunal .
The tribunal added: “ INEC monitored the conduct of the repeated Congresses held by the 3rd respondent in compliance to series of judgments of Hon. Justice Ishaya Kunda, Hon .Justice S.P.Gang and Justice Arum Ashoms of State High Court respectively.
“The petitioners petition is not satisfactorily proved as required by law.I hereby dismissed the petition for lacking in merit and affirmed the return of the 2nd respondent Hon.Nannim Joseph Langyi of PDP as duly elected member representing Langtang North Constituency in the Plateau 10th Assembly.”
“Also, Hon.Justice Williams Rotimi Olamide, affirmed the election of Hon.Paul Datugum of PDP for Qua’an-Pan North State Constituency of Plateau State House of Assembly, held on 18th March, 2023, after dismissing the petition filed by Mr.Dakogot Karyat of the APC.”
Tribunal sacks PDP lawmaker
The National and State Houses of Assembly Election Tribunal upturned the election of Timothy Dantong of the PDP and declared . Moses Dachum of APC winner of the House of Aselection in Riyom State Constituency.
The Justice B.M Tukur-led Panel held that as at the time of the election, PDP had no valid atructure to field a candidate as the party was still in disobedience to court order of Justice S P Gang of Plateau State High Court delivered on November 26, 2020.
Tension as Oborevwori knows fate today
The Delta state Governorship Elections Petition Tribunal will deliver its verdict today on the petitions filed against the victory of Governor Sheriff Oborevwori.
The Justice C.H Ahuchaogu-led three man panel will deliver judgement in the suits filed by the Labour Party (LP), Social Democratic Party (SDP), and All Progressives Congress (APC) challenging the victory of Delta Governor, Chief Sheriff Oborevwori.
Dissatisfied with the declaration of Oborevwori as winner by the INEC, the three petitioners approached the tribunal seeking to overturn the victory
Oborevwori’s rivals include APC governorship candidate (APC), ex Deputy Senate President, Senator Ovie Omo-Agege, Chief Kenneth Gbagi Social Democratic Party (SDP),and Labour Party’s Ken Pela.
The lower tribunal had dismissed the Labour Party’s petition on grounds that it abandoned it.
However, the Appellate Court in Abuja ruled in favour of the petitioner, and ordered a retrial of the petition at the lower tribunal.
All parties involved in the matter had in August adopted their written addresses wherein they argued for or against their respective clients.
Justice Ahuchaogu had earlier in August reserved judgment in the petitions by the All Progressives Congress (APC) and Social Democratic Party (SDP).
Justice Ahuchaogu reserved judgment on the Labour Party’s petition on September 26 following a retrial as ordered by the Appellate Court.
