Alex Enumah in Abuja
A five-member panel of the apex court yesterday, reserved judgment in the appeal by Yahaya Sani of the New Nigeria 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 have adopted and argued their briefs of arguments for and against the appeal.
The appeal by constitutional provisions would expire on January 26, hence the need for its delivery before the expiration of the 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 Agbu and the People’s Democratic Party (PDP) for lacking in merit.
His appeal was argued by Olusegun Jolaawo, who prayed the panel to allow the appeal, set aside the two lower court’s decision and declared 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 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 Sani of the NNPP, the appellate court had 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 had 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.
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.
