Alex Enumah in Abuja
A five-member panel of the apex court on Wednesday reserved its judgment in the appeal by Yahaya Sani of the New Nigerian People’s Party (NNPP) against the election of Kefas Agbu as Taraba State Governor.
The panel, presided over by Justice Kudirat Kekere-Ekun, said its judgment would be delivered on a date that would be communicated to parties, shortly after their respective lawyers adopted and argued their briefs of arguments for and against the appeal.
Meanwhile, the appeal by constitutional provisions would expire on January 26, hence its delivery before the expired date.
Sani and the NNPP are asking the apex court to set aside the concurrent judgments of the two lower courts which had dismissed their case against the election of Governor Agbu and the Peoples Democratic Party (PDP) for lacking in merit.
His appeal was argued by Olusegun Jolaawo (SAN), who prayed the panel to allow the appeal, set aside the two lower court’s decision and declare him the authentic winner of the March 18, 2023 governorship election in Taraba State.
However, the respondents, which included the Independent National Electoral Commission (INEC), the governor and the PDP, argued otherwise, insisting that the case of the appellants was incompetent and should be dismissed.
After listening to all counsel in the matter, Justice Kekere-Ekun subsequently announced that judgment has been reserved to a date that would be communicated to parties in the matter.
The Court of Appeal, Abuja had last November affirmed the election of PDP’s Kefas Agbu as Governor of Taraba State.
A three-member panel of the appellate court, in two separate appeals, held that Agbu was lawfully declared winner of the March 18 governorship election in Taraba State.
Delivering judgment in the appeal filed by Prof. Yahaya Sani of the NNPP, the appellate court held that the allegations of non-compliance, irregularities and other malpractices were not proved by the appellant.
In a unanimous judgment delivered by Justice Peter Affen, the appellate court faulted the appellant for dumping documents on the court, stressing that even if there was manifest incidents of malpractices or irregularities on the face of the documents, the appellant ought to have led oral evidence to support his allegations.
Besides, the court had dismissed the appeal for being incompetent and lacking in merit on grounds that the record of proceedings transmitted to the appellate court was not complete.
Earlier, delivering judgment in the cross appeal filed by the governor, the court struck out the appeal on the grounds that the petitioner was inconsistent in the reliefs sought in his petition.
According to the appellate court, while the appellants had prayed for nullification of the election on grounds of non-compliance with the Electoral Act, they in another breath asked the court to pronounce them as winners of the same election on ground of scoring majority of lawful votes.
The court held that it is against the law for any litigant as in the case of NNPP and its governorship candidate to blow hot and cold at the same time.
Justice Affen further held that having prayed that the election be nullified on account of non-adherence to the Electoral Act, the alternative prayer that they be declared winner of the same election have no legs to stand upon.
The appellate court subsequently allowed the cross appeal and struck out the petition.
A three-man panel of justices led by Justice G. A. Sunmonu of the Taraba State Governorship Election Petition Tribunal had, on September 30, dismissed the petition filed by the NNPP and its governorship candidate for lacking in merit.
