Court Declares Zamfara Guber Election Inconclusive, Mandates Rerun in 3 LGAs

The Court of Appeal sitting in Abuja, on Thursday, declared as inconclusive, the governorship election that held in Zamfara State on March 18. The court, in a unanimous decision by a three-member panel of Justices, nullified the return of Governor Dauda Lawal of the Peoples Democratic Party, (PDP) as the winner of the gubernatorial contest. It ordered the Independent National Electoral Commission (INEC), to conduct a fresh election in three Local Government Areas, LGAs, of the state. The court however, did not award any cost to the respondents.  The court agreed with All Progressive Congress APC candidate that elections did not hold previously or where results from various polling units were not counted in the three LGAs. In the lead judgement that was read by Justice Sybil Nwaka, the court held that it was wrong for INEC to rely on information it obtained from its IReV portal, to collate the final result of the governorship election. The judgement followed an appeal that was lodged before the court by the immediate past governor of the state, Bello Matawalle, who was the candidate of the All Progressives Congress, APC, in the election. More details later…

Appeal Court Judgement: Police Ban Street Celebrations In Bauchi

Bauchi State Police Command has taken a decisive step to forestall potential unrest in anticipation of the impending judgment from the Court of Appeal on the gubernatorial election petition.  The Police Spokesperson, SP Ahmed Wakil, emphasized the ban on street celebrations, roadblocks, and provocative statements by political party supporters. Scheduled for Friday, November 17, 2023, the judgment has led to the prohibition of all rallies or celebratory gatherings linked to the Gubernatorial Election Petition. SP Ahmed Wakil highlighted the directive’s aim to prevent any potential disruptions or tensions between supporters of the ruling party, represented by Senator Bala Mohammed Abdulkadir, and the opposition party, with its flag bearer, Air Marshal Sadiq Baba Abubakar (rtd). While recognizing the right to celebrate, Wakil emphasized the importance of supporters abiding by the law.  He emphasized that celebratory activities should not infringe upon the rights of others and urged compliance with legal provisions. He explicitly warned against road blockades, fireworks, inciting remarks, or attempts to intimidate the opposition party. The Police Command made it clear that any individual or group found violating the order or causing a breach of peace would face the consequences without hesitation. “Moreover, the blissful supporters must comport themselves in line with the provisions of the law; blockage of roads, fireworks, and inciting utterances or blackmailing the opposition party would not be condoned,” he said.

Nasarawa Guber: Appeal Court Reserves Judgement On Sule’s Petition 

The Abuja division of the Court of Appeal, has reserved judgment in an appeal instituted by Nasarawa State governor, Abdullahi Sule of the All Progressive Congress (APC). Sule was at the appellate court, contesting against the majority decision by a tribunal nullifying his election, in favour of David Ombugadu of the People’s Democratic Party (PDP). A three-member panel of justices headed by Justice U. Onyemenam told parties involved that the date for judgment will be communicated to them. In the actual proceedings, Wole Olanipekun, counsel to Sule who filed five processes to challenge the appeal urged the Court to dismiss the judgment of the Tribunal and allow the appeal of his client.  Olanipekun argued that the Tribunal refused to take the submissions of their witnesses during the Tribunal hearing and that data from the BVAS tendered to the Tribunal were merely dumped and without been considered as evidence. In his response, counsel to Ombugadu, Kanu Agabi SAN, and the PDP urged the court to dismiss the appeal stating that their evidence are merely documentary. On the issue of BVAS, Agabi argued that it was sufficiently demonstrated in the Tribunal as demanded by law, with the print out from the machine shown, against the argument that they were merely dumped without being analysed.  Agabi who referred the court to the judgment of the Tribunal argued that in delivering judgment, the lower court painstakingly gave a breakdown of how it arrived at its decision.

Alleged Certificate Forgery By Mba: Court Slams N5m Fine On NYSC

The Federal High Court in Abuja has awarded N5 million in damages against the National Youth Service Corps (NYSC) for falsely alleging that Governor Peter Mbah of Enugu State had a fake discharged certificate. In his judgment, Justice Inyang Ekwo found the Director General of the NYSC and the corps guilty of misrepresentation of material facts. The judge ruled that the certificate presented by Governor Mbah to the Independent National Electoral Commission (INEC) was genuine and validly issued by the NYSC. The court also noted that Governor Mbah had been mobilized for service in 2001 but completed his service in 2003 after temporarily leaving to attend the Nigeria Law School. He was reinstated into the NYSC in 2003. Additionally, the court mentioned that the evidence of Mbah’s service at a law firm was not challenged by the NYSC, and the corps should have charged him with forgery if they genuinely believed that they did not issue the NYSC certificate to him. The judge concluded that the NYSC had acted in bad faith and was mischievous in denying Mbah’s NYSC certificate. Earlier, Governor Mbah had sued the NYSC and its Director, Corps Certification, Mr. Ibrahim Muhammad, for publishing a disclaimer denying the issuance of a discharge certificate to him on January 6, 2003. On May 15, the court issued an order restraining the NYSC from further engaging in such publication pending the determination of the case. The NYSC, in response, filed a preliminary objection, arguing that Governor Mbah had not followed the required procedure of appealing to the president, as stipulated by the National Youth Service Corps Act, before filing the lawsuit. The NYSC claimed that the failure to appeal to the president rendered the suit premature and outside the court’s jurisdiction. In summary, the court ruled in favour of Governor Mbah, awarding him damages and ruling that the NYSC’s actions were in bad faith. The case arose from a dispute over the authenticity of Mbah’s NYSC certificate and the NYSC’s publication disclaiming it.

Appeal Court Ruling, Victory For Lavun/Mokwa/Edati People, Democracy- Gana

The Court of Appeal in Abuja has upheld the election of Hon. Joshua Audu Gana of the People Democratic Party (PDP) for the Lavun/Mokwa/Edati Federal Constituency, Niger State (2023-2027). Responding to the historical judgement, Hon Gana said: “My dear Constituents on Wednesday, 1st November 2023, the Court of Appeal Abuja delivered a historic ruling on Appeal CA/ABJ/EP/HR/59/2023 where the Judges unanimously affirmed the mandate you freely gave me on February 25, 2023 election as the duly and rightful winner of that election.” It could be recalled that that the National and State House of Assembly Election Tribunal on September, 11th 2023 nullified Gana’s election and of which Hon. Gana appealed that judgement at the appellate Court. “The affirmation by the Court of Appeal truly brings to rest the contest for our Federal Constituency,” he said. The Court of Appeal on Wednesday, a three-man member unanimously upheld the argument by the lawyer of Gana, that the Tribunal was wrong to have held in favour of the petition, Abdullahi Usman Gbatamagi and the All Progressive Party (APC). Describing the judgement, Gana said: “Our victory at the Court, which is a clear reflection of what happened on Election Day reinforces the principle that the judiciary is the final hope for the common man and democracy.” Still speaking on the judgment, he said that when the Election Petition Tribunal ruled against him on September, 11th 2023, he was sure that it would not stand, “I was optimistic that the tribunal had erred and that travesty of justice was not going to stand and today, their Lords at the Court of Appeal agreed with us that we won the elections,” he said. He promised all inclusive representative saying, “We will not take the electorate for granted. We see the judgement as an opportunity to serve our people as a means of deepening the democratic culture and all hands must be on the deck in serving our people,” he promised. To his constituents, he made more promises to them saying, “I wish to assure you my good constituents that I am more than ever ready to serve and will be more focused and consistent in drawing attention to issues affecting our constituency and follow through until solutions and resolutions are found.” He called on his APC counterpart not to see the judgement as a blow, but to join hands with him in bringing development to their constituents. “I urge my brother and friend Hon. Abdullahi Usman to see the outcome as a true expression of the people’s will and God’s doing and give all the support that is required for the good of our people as we shall be magnanimous even in victory,” he said. Hon. (Dr) Joshua Audu Gana, member Lavun/Mokwa/Edati Federal Constituency, Niger State (2023-2027).

Appeal Court sacks Suswam from Semate

The Court of Appeal, Abuja, on Wednesday, nullified the election of former Governor of Benue State, Gabriel Suswam, as senator representing North East Senatorial District of the state. The appellate court, in a unanimous decision by a three-member panel of justices, said it was satisfied that Suswam was not the valid winner of the senatorial election that held on February 25. It faulted the judgement of the Benue State National Assembly Election Petitions Tribunal which returned Suswam of the Peoples Democratic Party (PDP) to the Senate, after it nullified the election victory of Emmanuel Udende of the All Progressives Congress (APC). According to the appellate court, the tribunal wrongly evaluated the evidence that was presented before it by the parties in the matter and thereby arrived at an erroneous conclusion that upheld the petition Suswam filed to challenge Udende’s election victory. Consequently, the court voided the judgement of the tribunal, saying it found merit in the appeal that was lodged before it by the APC candidate. “The judgement of the tribunal delivered on 8th of September, 2023 is hereby set aside. “The return of the appellant as the winner of the Benue North East senatorial election that was held on February 25 is hereby affirmed. “Parties are to bear their respective cost,” the court held in its lead verdict that was delivered by Justice Abimbola Adejumo, who led the panel. The Independent National Electoral Commission (INEC) had declared Udende as winner of the senatorial election after he polled a total of 135,573 votes to defeat Suswam who garnered 112,231 votes. Not satisfied with the outcome of the election, Suswam approached the tribunal on the ground that it was marred by over-voting, irregularities, alterations and falsification of results. In its judgement, the tribunal held that Suswam successfully established his case that irregularities took place in five out of seven LGAs in the senatorial district. The tribunal cancelled 51,895 votes entered for Udende and also cancelled 21,229 votes entered for Suswam. After subtracting the padded votes, Suswam was left with 90,590 while Udende scored 82,699 votes. The tribunal, headed by Justice Ori Zik-Ikeoha, entered judgment in Suswam’s favour, a decision that was vacated by the appellate court on Wednesday.

Bayelsa Guber: Appeal Court Upholds Sylva’s APC Candidature

The Abuja Division of the Court of Appeal, Tuesday, cleared the immediate pass Minister of Petroleum, Timipre Sylva, for the November 11, governorship election in Bayelsa State, under the umbrella of All Progressives Congress (APC). The Appellate Court awarded the sum of N1million in favour of the appallate. The three-member panel, in a unanimous judgement held that the federal high court which nullified Sylva’s candidature lacked jurisdiction to entertain the suit filed by an APC member, Demesuoyefa Kolomo. The court held that Kolomo was not an aspirant in the primary election that produced the ex-minister of petroleum. Kolomo, who described himself as a registered voter, had, in the suit marked: FHC/ABJ/CS/821/2023 filed on June 3, prayed the court to delete Sylva’s name from the list of candidates vying for the election, having taken an oath of office twice as governor of the state. Justice Donatus Okorowo, of the federal high court, Abuja, had on October, 9, disqualified Sylva as candidate in the November 11 governorship election.

Tribunal Affirms Fintiri As Adamawa Governor

*It’s A Victory For Democracy, Rule Of Law, Says Fintiri The Adamawa Governorship Election Petitions Tribunal on Saturday affirmedthe election Gov Ahmadu Fintiri in the March 18 poll, dismissing the petition by the candidate of the All Progressives Congress (APC), Sen. Aishatu Binani.Delivering the judgement, Justice Theodora Uloho, the Chairman of the tribunal said the petition failed to established the allegation of non adherence with the Electoral Act during the election. “The petitioner failed to establish the allegation of non- compliance with the electoral act and prove the case with cogent, credible and satisfactory evidence. “All documents tendered by the petitioner were dumped on the tribunal and that the star witness did not demonstrate any of the documents to link it with any of their material allegation in the petition,” she said.The Independent National Electoral Commission (INEC) had declared Fintiri as the winner after he scored430,861 votes to defeat Binani who scored 398,788 votes.However, Binani filed a petition challenging the declaration, alleging that the election was not conducted in substantial compliance with the electoral act.Reacting, Mr Sani Garba, the Counsel to Binani said he would study the judgment and intimate the petitioners on the next line of action.  Meanwhile, Governor Ahmadu Fintiri of Adamawa has described his victory at the Governorship Election Petition Tribunal as “victory to democracy and the rule of law”. Fintiri stated this shortly after the tribunal dismissed APC’s Aishatu Binani petition against his re-election for the second term in Yola on Saturday. Reacting, Fintiri assured the people of good governance. According to him, this victory is also a victory for doing more to ensure massive development in the state. He called on the litigants to step aside in order to move ahead for the development of the state and county at large. He appreciated the tribunal judges for the role played in ensuring fairness and justice. Fintiri also commended his legal team, journalists and Civil Society Organisations (CSOs) for their roles from the time of the election up to the tribunal judgment.

Supreme Court Judgment: Atiku Holds World Press Conference On Monday

The presidential candidate of the Peoples Democratic Party (PDP) in the 2023 election, Atiku Abubakar, is scheduled to address the press on Monday, October 30, 2023. This announcement comes in the wake of the Supreme Court’s recent dismissal of Atiku’s appeal and the affirmation of President Bola Tinubu’s victory in the February presidential election. A statement from the PDP Publicity Office released on Saturday outlined the purpose of Atiku’s press conference. According to the statement, Atiku Abubakar will focus on addressing crucial national issues of serious importance. The press conference is set to take place at the PDP National Secretariat, Wadata Plaza, Abuja, with the event commencing at 11 am. The significance of this address and its potential implications for the nation are eagerly anticipated by the public.

Supreme Court Dismisses APM’s Appeal Against Tinubu

The Supreme Court, Monday, dismissed an appeal by the Allied People’s Movement (APM)seeking to disqualify President Bola Tinubu of the All Progressives Congress.   APM had asked the Supreme Court to hold that the Court of Appeal misconceived the material facts before it, when it struck out its undefended petition against Tinubu’s victory. It prayed the court to hold that the withdrawal of Kabiru Masari from the race by operation of law amounted to automatic withdrawal and invalidation of the candidate of Bola Ahmed Tinubu as the presidential candidate of All Progressive Congress in the February 25, presidential election.  In its brief of arguments, APM, through its counsel Chukwuma-Machukwu Ume (SAN), that the Court of Appeal wrongly and peremptorily struck out the petition.  It therefore prayed the apex court to set aside the decision of the lower court. APM also said the striking out of Kabiru Masari’s name from its petition and consequent dismissal of the petition on 6th September 2023, was in error, as Masari was a necessary party to the dispute. The Court of Appeal had dismissed APM’s petition based on pre hearing motions filed by INEC, APC and Shettima but only INEC tendered a document during the hearing while APC, Tinubu and Shettima and INEC did not call any witness. According to APM, “the grounds upon which it’s petition was predicated is that the 3rd respondent (Tinubu) was at the time of the election (February 25 2023) not qualified to contest the election in line with Section 134(1)(a) of the electoral Act, 2022. The party said it clearly stated in its paragraph 16 and 17 of the petition that it was against 3rd and 4th respondents (Tinubu and Shettima) respectively and  grounded on the provisions of Section 131 and 142 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 35 of the Electoral Act,2022. The APM lawyer said the Court of Appeal misconceived the material facts and case of the appellant and wrongly progressed to determine issues not contemplated by the appellant’s petition and erroneously dismissed the petition. Hearing the appeal on Monday, effort by Machukwu Ume, to move the appeal was rejected by the panel, as doing so would amount to wasting of the precious time of the court. The presiding Justice, Inyang Okoro had insisted that the appeal be withdrawn since the issue had been decided.  “We have read your appeal and issues raised.   “You are not asking us to make your candidate the President if the your appeal succeeds.  “You just want to state the law and go home, without benefit. We have other appeals that are substantial and withdrawing this appeal will help reduce the workload on us.  “We have read the appeal and are unanimous that it’s a none issue, having been pronounced upon by this court” Justice Inyang Okoro said. Left with no option, the APM counsel hesitantly accepted withdrawal of the appeal. All the Respondents did not oppose the withdrawal and did not ask for cost.  Accordingly, the panel dismissed the APM appeal, same having been withdrawn.