Supreme Court Dismisses ACN Appeal against Nyako

21 Nov 2012

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Murtala Nyako

ACN: We accept verdict in good faith

Tobi Soniyi in  Abuja Daji Sani in  Yola
The Supreme Court  tuesday dismissed the appeal filed by  the Action Congress of Nigeria (ACN) and its governorship candidate in Adamawa State,  Marcus Gundiri, challenging the victory of  Murtala Nyako.

In dismissing the appeal, the court held that the appellants failed to prove criminal allegations which they claimed vitiated the election.
The court further held that where criminal allegations were made, the burden was on the appellants to prove them beyond reasonable doubt.

Consequently, Justice Clara Ogunbiyi who delivered the judgment of the court held that: “If the criminal allegations had permeated the entire election, it means there is nothing left of civil allegation and the appellants have completely shut out themselves by relying on civil allegations; the appellants are neither here nor there.

She affirmed the election of Nyako as governor of Adamawa State.
Gundiri and his party had filed an appeal at the Supreme Court challenging the results of the February 4, 2012 rescheduled governorship election in Adamawa State after losing at both  the state Governorship Election Petitions Tribunal and the Court of Appeal.

The lower courts had dismissed the petition of ACN and its candidate, on the ground that they failed to  adduce enough evidence  before the court, to prove their allegations that the election was substantially marred by corruption, malpractices and violence.
Reacting to the judgment, the ACN in the state  said it has acceptedit in good faith as a law-abiding party.

The Publicity Secretary of the party in state, Yohanna Mathias, disclosed to journalists in Yola that the judgment will not dissuade the party from building a formidable structure against future elections.

Mathias said since the decision of the apex court was final, nothing can change the decision adding it has accepted the decision in good faith. “We are going back to our drawing board to map out strategies to wrestle power from the ruling PDP which has unleashed poverty on our people,” he said.

Tags: Politics, Nigeria, Featured, Supreme Court

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