THE Supreme Court sharply disagreed with the Appeal Court on Friday as it upheld the election of governors of Plateau, Kano, Zamfara, Lagos, Bauchi, Abia, Cross River and Ebonyi states.
On the Kano governorship, the Supreme Court said the Appeal Court grossly erred, turning the law and justice upside down in its decision sacking Governor Kabir Abba Yusuf. A similar opinion was expresed on the Plateau State appeal.
The Supreme Court judgments sent people into jubilation in Jos, Kano, Lagos, and Bauchi cities, as well as the capitals and major towns of the remaining four states on Friday.
Kano
For Kano State, the Supreme Court set aside the judgment of the Court of Appeal which sacked Governor Yusuf of the New Nigeria Peoples Party (NNPP) and declared the candidate of the APC, Dr Nasiru Gawuna, winner of the March 18 poll.
Justice John Inyang Okoro, who delivered the unanimous judgment of the court, held that the law and natural justice were turned upside down by the two lower courts to arrive at the “unjust and unfair” decision.
Besides, the apex court reversed the removal of 165,616 votes from the total votes cast for the NNPP and its governorship candidate at the poll. It held that there was no basis for the “unlawful” removal of the votes from the governor’s votes because the ballot papers used for the poll were duly issued by INEC.
The apex court dismissed the allegations that the ballot papers were not signed and stamped at the back and held that the appeal, as filed by the governor challenging his sack, has merit and “is hereby allowed.”
The court held that Yusuf was validly elected as governor of Kano State and that he was also duly sponsored by his political party.
“The judgment of the lower court voiding the election of the appellant is hereby set aside,” Justice Okoro held in the judgment.
The Court of Appeal had, on November 17, 2023, in a unanimous judgment of a three-member panel, upheld the decision of the Kano State Governorship Election Petition Tribunal which sacked Governor Yusuf and declared Gawuna winner of the election.
The appellate court dismissed the appeal filed by Governor Yusuf based on his membership status in the NNPP.
However, the judgment elicited confusion when, on Tuesday, November 21, 2023, the Certified True Copy (CTC) of the court judgment surfaced with contradictions as the court document showed that all the issues were resolved in favour of Governor Yusuf.
The Court of Appeal acknowledged a clerical error in the CTC of its judgment and promised correction.
Plateau
On Plateau State, the apex court reversed the judgment of the Court of Appeal Abuja which sacked Governor Caleb Mutfwang from office.
The governor, who contested the March 18, 2023 governorship election and won on the platform of the Peoples Democratic Party (PDP), had, in his appeal, asked the apex court to set aside the November 19, 2023 judgment of the appellate court which nullified his election on the grounds of non-qualification.
In a judgment prepared and delivered by Justice Emmanuel Agim, the Supreme Court held that Mutfwang was duly nominated as the governorship candidate of the PDP and that he was sponsored for the Plateau State governorship election by the party, which forwarded his name to the Independent National Electoral Commission (INEC) as its candidate.
Justice Agim held in the unanimous judgment that the petitioners at the lower tribunal are not members of the PDP and as such, they have no legal right to question the candidature of the party.
He held that the issue of candidature of a party is purely an internal affair of a party and since the respondents have no legal right to institute the action, the Plateau State Governorship Election Petition Tribunal has no jurisdiction to entertain the action.
The court held that the order of the Plateau State High Court has nothing to do with the exercise of the power of the National Executive Council (NEC) of the party to nominate its candidate.
“For these reasons, this appeal is allowed, the judgment of the Court of Appeal is set aside,” the court held and restored the judgment of the trial tribunal which had earlier upheld Mutfwang’s election.
The apex court also reaffirmed the return and INEC’s declaration of Mutfwang as the duly elected governor of Plateau State.
The Court of Appeal sitting in Abuja had, in a unanimous judgment, sacked Governor Mutfwang who scored 525,299 votes while the candidate of the All Progressives Congress (APC), Nentawe Goshwe, polled 481,370 votes in the March 18, 2023 governorship election in the state.
Goshwe challenged the victory of Mutfwang at the Governorship Election Petition Tribunal, claiming that the governor was not validly nominated and sponsored by his party and that there was non-compliance with the Electoral Act in the conduct of the election.
A three-member panel of the tribunal headed by Justice R. Irele-Ifijeh dismissed the petition for lacking in merit.
Displeased with the judgment, the APC’s candidate appealed the tribunal judgment.
In its judgment, the three-member panel of the Court of Appeal led by Justice Elfrieda Williams-Dawodu, citing Section 177 of the constitution, held that the governor was not validly sponsored by the PDP for the election.
She held that the party violated a court order directing it to conduct a valid congress in the 17 local government areas of the state and that there was no evidence that the PDP complied with a subsisting High Court order which had directed it to conduct a valid party congress prior to its sponsorship of the governorship and other candidates.
The court held that the issue of qualification is both a pre-election and a post-election matter, contrary to the position of the tribunal which held that the appellant lacked the locus to contest the validity of the respondent.
The court also noted that under Section 134 of the Electoral Act, it is the sole right of a political party to sponsor its candidate, having met the requirements to do so.
It then ordered INEC to retrieve the Certificate of Return issued to the governor and issue a fresh certificate to Goshwe
Lagos
On the Lagos State governorship, the Supreme Court dismissed the appeals by the candidates of the Labour Party (LP) and the PDP in the March 2023 election in the state, Mr Gbadebo Rhodes-Vivour and Mr Jide Adediran, popularly known as Jandor, respectively, challenging the declaration of Governor Babajide Sanwo-Olu as the winner of the election.
On Rhodes-Vivour’s appeal, the unanimous judgment of the eight-member panel of Justices of the apex court prepared and delivered by Justice Mohammed Lawal Garba held that the lower court was right by not disqualifying Sanwo-Olu and his deputy, Obafemi Hamzat, from contesting the election.
“Consequently, this appeal is lacking in merit and it is hereby dismissed. No order as to cost,” Justice Garba held.
The appellants had prayed the court to nullify the declaration of Sanwo-Olu of the ruling APC as the winner of the governorship election.
Specifically, the LP and its governorship candidate, Rhodes-Vivour, in the notice of appeal they filed on November 26, 2023 urged the court to, among other things, determine whether Sanwo-Olu was qualified to contest the election, considering that his deputy and running late, Hamzat, had dual citizenship.
Similarly, the Supreme Court dismissed the appeal by the PDP and its candidate in the state, Adediran.
In the unanimous judgment read by Justice Adamu Jauro, the eight-member panel of Justices of the apex court held that the appeal failed and “it is hereby dismissed.”
The appellants had alleged that they were denied fair hearing by the Lagos State Governorship Election Petition Tribunal and the Court of Appeal.
The PDP and Adeniran maintained that their case was not heard and determined on its merit by the tribunal.
The APC, through its counsel, Mr Muiz Banire (SAN), argued that the appeal raised pre-election issues that had not only become statute-barred but which they also lacked the locus standi to seek litigation on.
Bauchi
The Supreme Court, in dismissing the appeal filed by the governorship candidate of the APC in Bauchi State, Sadique Abubakar, against the judgment of the state governorship election petition tribunal which upheld PDP’s Governor Bala Mohammed’s election, resolved all the issues raised by the appellant against him.
The apex court held that “having resolved all the issues against the appellant, this appeal becomes devoid of merit and it is hereby dismissed” and added that “the judgment of the Court of Appeal is hereby affirmed.”
The Appeal Court sitting in Abuja had, on November 17, 2023, dismissed the case which found that Mohammed won the governorship election in the state.
The legal team of the APC candidate had urged the appeal court to declare Mohammed’s election null and void because several electoral documents used during the poll were not properly filled.
But Mohammed’s lawyers maintained that the assertions were untrue, given the findings of the tribunal.
The appeal court went on to hold that the APC candidate failed to provide credible evidence and testimony to buttress his allegations regarding electoral malpractice and non-compliance with relevant laws and consequently dismissed the appeal.
Zamfara
Also, delivering judgment in the appeal on Zamfara State governorship, the apex court upheld the election of Dauda Lawal of the PDP and set aside the decision of the Court of Appeal in Abuja which had declared the governorship election in the state as inconclusive and ordered a re-run in three local government areas.
The Court of Appeal had in November 2023 nullified the election of Lawal, who was declared the winner of the March 18 governorship election in which the then incumbent governor, Bello Matawalle of the APC, participated.
While Lawal polled 377,726 votes to emerge winner of the election, Matawalle scored 311,976 votes.
Matawalle, now serving as the Minister of State for Defence, had accused INEC of subverting his victory at the poll by failing to include the results of some wards.
In an earlier ruling on September 18, the Election Petition Tribunal in the state held that the petition against Lawal’s election was devoid of merit, upheld Lawal’s victory and awarded a N500,000 fine against the petitioners.
Dissatisfied, Matawalle challenged the decision of the lower court at the Court of Appeal in Abuja.
Respite came for Matawalle at the appellate court as the three-member panel led by Justice Oyebisi Folayemi nullified the return of Governor Lawal as the winner of the governorship poll and ordered INEC to conduct a fresh election in three local government areas of the state where elections had not been held previously or where results from various polling units were not counted.
But the governor proceeded to the apex court to seek redress, where his election was upheld.
Ebonyi
Similarly, the court, in a judgment delivered by Justice Tijjani Abubakar, affirmed Francis Nwifuru of the APC as the duly elected governor of Ebonyi State.
The apex court held that the appeal by the governorship candidate of the PDP in the March 2023 election in the state, Chukwuma Odii, seeking the nullification of Nwifuru’s election on the grounds of qualification was un-meritorious.
The court affirmed the judgment of the Court of Appeal which upheld Nwifuru’s election.
Cross River
On Cross River State governorship appeal, Justice Helen Ogunwumiju, who delivered the judgment of the apex court, held that the case of the appellant against the election of Bassey Otu of the APC as the governor of Cross River State had no merit.
Ogunwumiju held that the appeal filed by the candidate of the PDP, Sandy Onor, to challenge the September 26, 2023 decision of the tribunal was devoid of any merit, a waste of judicial time and accordingly dismissed it.
The court affirmed the concurrent judgments of the tribunal and the Court of Appeal which dismissed the case of the appellant for lacking in merit and affirmed Otu and Peter Odey as the duly elected governor and deputy governor of Cross River State, respectively.
Abia
Similarly, the apex court dismissed the appeals by the PDP and the APC and their governorship candidates against the election of Governor Alex Otti of Abia State.
The apex court, in its judgment delivered by Justice Uwani Abba-Aji, dismissed the appeals for lacking in merit and upheld the judgment of the lower court which unanimously upheld the victory of Otti at the March 18, 2023 election in the state.
The apex court held that the election that brought Otti was conducted in accordance with the provisions of the Electoral Act.
The PDP and its candidate, Okey Ahiwe, as well as the APC and its candidate, Chief Ikechi Emenike, had, in their appeals, asked the apex court to set aside the judgment of the lower courts that affirmed the election of Otti of the Labour Party (LP) as the state governor.
Otti was declared the winner of the governorship election in Abia State by INEC on March 22, 2023, with PDP’s Ahiwe coming second in the election.
Ahiwe and Emenike separately challenged Otti’s victory at the Abia State Governorship Election Petition Tribunal which, in its judgment delivered on October 6, 2023, dismissed their petitions and affirmed Otti’s election.
The judgment of the tribunal was later affirmed by the Court of Appeal, which held that the issue of political party membership is a pre-election matter, which also falls within the jurisdiction of the political party.
The appellate court further said since Otti joined the LP, won its primary election and had his name submitted to INEC, he was qualified to contest the election.
Reactions
Judgements: Jubilation across states, testimony to Supreme Court’s uprightness —PDP
The Peoples Democratic Party (PDP) has observed that the eruption of jubilation across states in the country is a testimony that the Supreme Court’s Friday judgements in the gubernatorial elections were in line with the expectation of Nigerians.
Reacting to the verdicts, the main opposition party said in a statement issued by Debo Ologunagba, National Publicity Secretary, that the judgements were a resounding victory for democracy and ultimate triumph of the expressed will of the people.
While savouring the favourable judgements on Bauchi, Plateau and Zamfara states governorship elections, the party congratulated the respective governors, including Bala Mohammed, Caleb Mutfwang and Dauda Lawal for the court’s affirmation of their March 18, 2023 governorship election victories “in their quest for purposeful leadership and good governance under the banner of the PDP.”
It added: “The reverberating jubilation across Bauchi, Plateau, Zamfara and other States of the federation is a testimony that the judgements are in line with the expectations of Nigerians in their pursuit of justice, Rule of Law and the deepening of Constitutional Democracy in our country.
“On Bauchi, the judgement of the Supreme Court is a validation of the aspiration of the people of the State in their resolve to defend and preserve good governance as epitomised in the people-oriented leadership style and life-changing achievements of Governor Bala Mohammed for which they overwhelmingly re-elected him on March 18, 2023.
“Our Party remains proud of Governor Bala Mohammed’s legacy and achievements in citizen empowerment, human capital and infrastructural developments across all sectors of life since his assumption of office as governor in May 2019.
“On Plateau State, the PDP commends the courage of the Supreme Court in upholding the will of the people and showing that indeed, the Judiciary is the last hope of the common man. The verdict came as a seal of the triumph of the manifest resilience of the women, youths and the entire people of Plateau State in their determination to liberate their state from the stranglehold of oppressive anti-people forces.
“Governor Mutfwang’s election marked a new beginning of purposeful and people-oriented leadership that has eluded Plateau State in the last eight years. This is evident in his proactive and transformative achievements in critical sectors in the State despite daunting challenges.
“On Zamfara State, the PDP applauds the Supreme Court for upholding justice by overturning the reprehensible attempt by anti-democratic forces to suppress the expressed will of the people of Zamfara State who voted overwhelmingly for Dr. Lawal in their determination to rescue their State from an overtly corrupt, reckless, insensitive and depraved regime.
“Our party congratulates the people of Zamfara State and salutes Governor Lawal for his efforts in restoring security of lives and property and deploying his expertise in the management of resources as manifest in the array of empowerment and development programmes in critical sectors since his assumption of office in May 2023.”
The PDP charged the governors to continue in their delivery of people-oriented development programmes and projects in line with the policy thrust, vision and manifesto of the party.
We welcome Supreme Court pronouncements on Kano, Zamfara, others —APC
The All Progressives Congress (APC), has declared that it “welcomes, with equanimity, the Supreme Court decisions on election petitions challenging the outcome of 2023 governorship elections in eight states.”
The apex court on Friday ruled in favour of the New Nigerian People’s Party, (NNPP) in Kano, while it affirmed the mandate of the Peoples Democratic Party governors in Zamfara, Bauchi, Plateau and Abia states.
The Supreme Court justices also ruled in favour of the APC governors in Lagos, Ebonyi and Cross River States.
Reacting to the apex court judgements in a statement on Friday, the party’s National Publicity Secretary, Felix Morka, said the decisions of the Supreme Court Justices “provide a strong affirmation of the authority, vibrancy and independence of the judiciary. “
The APC national leadership, however, called out certain opposition parties, particularly the PDP which it noted had vilified and denigrated the courts when judgements were handed against them in these same matters.
“While the Apex Court’s decisions will undoubtedly elicit mixed reactions and reviews, the decisions are final and binding on all parties to the legal contests. The decisions today provide a strong affirmation of the authority, vibrancy and independence of the judiciary.
“APC has been consistent in its position that the judiciary must be left alone to perform its important duty of resolving disputes, including electoral disputes as constitutionally mandated. The decisions today must serve as a rebuke to political opposition figures that vilified and denigrated our courts when judgments were handed against them in these same matters. Assuming that it has any spec of decency left, the Peoples Democratic Party (PDP) must tender unreserved apology to the courts and our judges for the senseless, irresponsible, reckless and unjustified attacks it mounted against the judiciary throughout this electoral cycle.
“We congratulate the winners, particularly our Governors, Babajide Sanwo-Olu of Lagos State, Francis Nwifuru of Ebonyi State, and Bassey Otu of Cross River State, and wish them the very best as they continue to serve their states and country. We urge everyone to remain calm and continue to maintain the peace,” he said.
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