*Abiodun, Oborevwori, Yahaya, Idris, Sani, Sule woo challengers
*Mixed reactions trail judgements
*APC hails verdicts
Chuks Okocha, Alex Enumah, Adedayo Akinwale in Abuja, James Sowole in Abeokuta, John Shiklam in Kaduna, Igbawase Ukumba in Lafia and Omon-Julius Onabu in Asaba
The Governors of Gombe State, Mohammed Yahaya; Ogun, Dapo Abiodun; Nasarawa, Abdullahi Sule; Kaduna, Uba Sani; Kebbi, Nasir Idris, and Delta State, Sheriff Oborevwori, who yesterday, won appeals challenging their respective elections at the Supreme Court have extended olive branches to their challengers and members of the opposition, stressing that they were now focused on the delivery of the dividends of democracy in their states.
They stated these in separate reactions to the Supreme Court judgements just as they called for peace and reconciliation in their states.
The Supreme Court yesterday resolved all appeals challenging the election of six governors in favour of the incumbent, saying their victories meant that there were no winners and losers.
In the six appeals decided by different panels of the apex court, the major opposition party, the People’s Democratic Party (PDP) failed in its bid to unseat five All Progressives Congress’ (APC) governors, just as the APC also failed to capture power from the PDP in one state.
This came exactly one week after the Supreme Court put to rest legal battles arising from the March 18, 2023 governorship elections in eight states, bringing the total number of such cases resolved to 14. The cases resolved last Friday, were for the Governor, Babajide Sanwo-Olu of Lagos State, his Abia, Bauchi, Cross River, Ebonyi, Kano, Plateau, Zamfara States counterparts; Alex Otti, Bala Mohammed, Bassey Otu, Abba Yusuf, Francis Nwifuru, Caleb Mutfwang, and Dauda Lawal.
However, in yesterday’s judgements, the various panels in their respective judgments held that they did not find any cogent reason in any of the appeals to warrant a deviation from the lower courts decisions.
The apex court accordingly dismissed all the appeals for being incompetent and lacking in merit.
Delta State
The first appeal to be dismissed was that of former Deputy Senate President, Ovie Omo-Agege that sought to unseat Oborevwori as Governor of Delta State.
The apex court held that the appeal of the APC as well as that of Kenneth Gbagi of the Social Democratic Party (SDP) and Ken Pela, were all incompetent and lacking in merit.
Justice John Okoro, who read the lead judgment subsequently affirmed the two lower courts judgments which earlier held that Oborevwori was lawfully returned winner of the March 18 governorship election in Delta State.
According to the panel, all the appellants failed to show why the judgments of the Court of Appeal and tribunal should be upturned to favour them.
The Independent National Electoral Commission (INEC) had last March declared Oborevwori winner of the March 18 governorship election in Delta State, having won majority of the lawful votes cast at the election.
Not satisfied, the three separate appellants went to governorship election tribunal to challenge the PDP’s victory. However, the tribunal dismissed the various petitions for lacking in merit, just as the appellate court held that Oborevwori was lawfully elected governor.
Still not satisfied, the individual appellants approached the Supreme Court to nullify the election of Oborevwori, conduct a fresh election or declare them winner of the governorship election.
While Oborevwori scored 360,234 votes to win the governorship election, his closest rival, Omo-Agege of the APC, polled 240,229 votes.
Amongst grounds that Omo-Agege, sought the nullification of Oborevwori’s election were that the election was not conducted in substantial compliance with provisions of the Electoral Act.
He told the apex court that the results of the governorship election were not properly recorded at some polling units, adding that the forms that contained some of the recorded results did not have serial numbers.
However, the five-member panel held that the appellants failed to prove their allegations of non-compliance.
Justice Okoro, who pointed out that the case of the appellants was hinged on claims that the governorship election was not properly recorded at some polling units, said even if the said excluded votes from the said polling units were added, it would not have substantially affected the outcome of the election.
Besides, the apex court held that all the appellants; Omo-Agege, Gbagi and Pela did not adduce credible evidence to show that Oborevwori was not qualified to contest the election in the first place.
The apex court subsequently dismissed all the appeals and affirmed the two concurrent judgments in favour of the governor.
Meanwhile, Oborevwori has dedicated his victory at the Supreme court to the Almighty God, the unwavering support of Deltans and his legal team.
Addressing the media in Abuja after the five-member panel of the apex court affirmed his victory, Oborevwori said his triumph meant that there were no winners and losers. He called on the opposition parties in the state to join him in the task of developing the oil-rich state.
While acknowledging the enormous drain in energy and resources occasioned by the legal tussle, the Governor stressed the need for all Deltans to close ranks and support his administration to realise his four-point development strategy encapsulated in the MORE agenda.
A statement by the Executive Assistant, Media to the Governor, Igho Akeregha, quoting his principal to have said with legal fireworks over, he was now poised to fully implement the MORE plan of Meaningful Development, Opportunities for all, Realistic Reforms and Enhanced Peace and Security for all Deltans.
Addressing his supporters at the Governors lodge who had earlier thronged the Supreme court in their traditional yellow fez caps, Oborevwori assured them of his commitment to uplift the state.
“You have shown me love. I and my Deputy will not disappoint you. We will continue to serve all Deltans with renewed vigour and commitment. What happened in the court today is a victory for all Deltans,” Oborevwori said.
Amidst deafening chants of “On your mandate we shall stand” by his supporters, the Governor expressed appreciation to all Deltans for their unwavering support promising not to let them down.
Also, the governor, at a thanksgiving service at the Government House Chapel in Asaba, said he had every reason to thank God for granting him victory in unprecedented 38 cases challenging his gubernatorial victory, from the primary election to the ultimate appeals to apex court.
Oborevwori assured Deltans that he would now settle down for governance.
In a related development, Omo-Agege, congratulated Oborevwori on his apex court triumph and expressing his desire to support him towards the development of Delta State.
In a statement he personally signed, Omo-Agege told his supporters at local and national level, that the interest of Delta State supersedes that of any individual citizen, referring to Oborevwori as “my brother, Governor Sheriff oborevwori.”
Ogun State
After Delta, the apex court went ahead to dismiss the appeal filed by Oladipupo Adebutu of the PDP against the election of Dapo Abiodun as Governor of Ogun State.
The judgment read by Justice Tijjani Abubakar held that the appeal was incompetent and liable for dismissal.
The apex court subsequently affirmed the majority judgment of the Court of Appeal and the Ogun Governorship Election Petition Tribunal, which declared Abiodun as winner of the March 18 governorship election in Ogun State.
Adebutu, had told the apex court that the case of the appellants was misconceived at the lower courts, adding that evidence were presented before the tribunal to prove that results from 99 polling units with votes of over 40,000 were cancelled.
He had argued that the said 40,000 votes were far more than the margin of 13,000 votes between Abiodun and Adebutu.
He had submitted that INEC was wrong to have gone ahead to declare results of the March 18 governorship election in Ogun State, when the issue of canceled votes in 99 polling units had not been resolved.
However, all the respondents citing Section 179 of the Constitution argued that the election of a governor cannot be challenged on grounds of margin of lead.
The apex court however agreed with the respondents and dismissed the appeal for being incompetent and lacking in merit.
Recall that the Court of Appeal sitting in Lagos had in a two-to-one judgment last September, affirmed the electoral victory of Abiodun in the March 18, 2023, governorship election in Ogun State.
The majority judgment delivered by Justice J.S. Ikyegh and supported by Muhammed Mustapha, dismissed the appeal of Adebutu, and the PDP) for being incompetent and lacking in merit.
The majority judgment went ahead to affirm the earlier decision of the Ogun Governorship Election Petition Tribunal.
The tribunal which sat in Abeokuta, Ogun State, had on September 30, 2023, upheld Abiodun’s declaration as the winner of the March 18, 2023 governorship election.
Dissatisfied, Adebutu had approached the Court of Appeal, seeking a nullification of the tribunal’s judgment as well as an order returning him as the authentic winner of the governorship election in Ogun State.
In dismissing the appeal, the majority judgment held that “it is a petitioner who bears the responsibility to prove that an election was marred by corrupt practices and that appellants did not so prove”.
Justice Ikyegh further held that the appellants did not prove the allegation of certificate forgery against Abiodun and noted that the tribunal did not believe the evidence of certain witnesses because of their demeanours and because of the chorused nature of their testimony.
While upholding the expunging of the evidence of the forensic experts, the court held that there is a huge crater in the petition of the appellants, making same castrated, sterile, and with no legs to stand on.
The court followed the principle that when a decision is ultimately correct, it is immaterial that some reasons may have been applied since the appellate courts concern themselves with the conclusions mainly.
On the issue of disenfranchisement raised by the appellant, the court held that it was the duty of the appellants to prove disenfranchisement by calling voters who could vote but were disenfranchised, adding that in this petition rather, the appellants did not call any disenfranchised voter. Instead, the appellants called persons who truly voted.
Meanwhile, celebration yesterday, greeted the Supreme Court judgment in Abeokuta and some other major towns of the state.
At the Gateway International Agro Cargo Airport Iperu Remo, where the private jet that brought the governor from Abuja landed, the governor, was welcomed by tumultuous crowd after which he moved to the Iperu Town in a motorcade.
The entire Iperu township was agog as residents of the town and that came from different parts of the state, trooped to streets to cheer him on his victory.
At the Palace of Alaperu of Iperu Remo, Oba Adelekan Basibo, the governor thanked the people of the state for standing with him during the struggle.
At Abeokuta, while addressing the crowd at the Arcade Ground, said the victory, would mark the beginning of new things in the state.
Abiodun explained that the victory was a testament that with God, everything is possible having won at the state Governorship Election Petition Tribunal and Court of Appeal.
He described the people of the state as partners in progress for standing with him during the trial, assuring that his administration would improve on the successes recorded during his first term by making the state better in appreciation of the people’s support.
He commended the people of the state, for supporting his administration during his first term, promising that the victory, would spur him to do more for the state.
The Chairman, Senate Committee on Appropriation, Senator Solomon Adeola, who is representing Ogun West Senatorial District in the National Assembly, has congratulated Ogun State Governor, Prince Dapo Abiodun, on his latest and final electoral victory at the Supreme Court.
Adeola in a statement in Abuja stated that the final victory of the Governor once again validated the overwhelming support of majority of the people of Ogun State for his second term based on his demonstrable and visible performance in office during his first tenure.
Nasarawa State
The third appeal however to be dismissed was that of Hon. David Ombugadu of the PDP against the election of Governor Sule.
The apex court in the judgment delivered by Justice Kudirat Kekere-Ekun held that the appeal was incompetent and lacking in merit.
The five-member panel subsequently upheld the judgment of the Court of Appeal which had in November voided and set aside the judgment of the Nasarawa State Governorship Election Petition Tribunal in favour of Sule. The appellants had approached the apex court to set aside the judgment of the Court of Appeal, which had nullified the judgment of the tribunal which declared Ombugadu the authentic winner of the governorship poll in the state.
But the apex court in a unanimous judgment held that the decision of the lower court was in order in affirming the election of Governor Sule.
A three-member panel of the Court of Appeal had on November 23, 2023, reversed the sack of Governor Abdullahi Sule of Nasarawa State.
The panel in a judgment held that the Nasarawa State Election Petition Tribunal erred in law in concluding that Sule did not win majority of the votes cast in the election.
Justice Uchechukwu Onyemenam, who delivered the lead judgment of the panel, held that the tribunal breached the principle of fair hearing when it refused to rule on the preliminary objection of the respondents challenging the competence of the petition and the jurisdiction of the court.
While holding that the issue of jurisdiction was fundamental, the court held that failure of the tribunal to rule one way or the other in the respondent’s application challenging the competence of the petition and the court’s jurisdiction renders the judgment invalid.
Besides, the appellate court held that the tribunal erred in law when it held that there was a case of over-voting at the March 18 governorship election that produced Sule as Governor for a second term.
According to the judgment for over-voting to be proved, the petitioners must provide the voters register, BVAS machines and forms EC8As used in the election in addition to oral evidence.
While observing that the respondents belatedly brought the BVAS machines and other documents to prove allegations of over-voting, the panel stated that the documents were “simply dumped on the tribunal”.
Besides, Justice Onyemenam pointed out that the evidences were not admissible in law.
It was also the position of the appellate court that the, “tribunal was in error when it deducted the votes from the appellant’s score when the first respondent did not prove over-voting.”
Similarly, the appellate court held that the tribunal was wrong to have admitted and rely on the evidence of some witnesses whose statements of oaths were not filed alongside the petition and such statements frontloaded to parties in the petition.
According to the judgment, once the time limit for filing has elapsed the content cannot be amended, adding that any witness whose statement was not frontloaded their evidence cannot be admitted to vary the petition.
The witnesses whose statements were not filed alongside the petition and frontloaded to parties include: P5, P6, P 7, P8, P12, P13, P20 and P21. Justice Onyemenam held that where a court rely on such witnesses’ statements, “it is the duty of the Court of Appeal to ensure that such evidences are expunged from the lower court’s judgment.
“The evidence and all exhibits tendered through them are incompetent and accordingly struck out”, the court held.
It further held that the evidence of the remaining witnesses cannot sustain the judgment of the tribunal, haven expunged the evidence relied upon in deducting votes accrued to Sule.
Besides, the appellate court further faulted the tribunal for recomputing votes in some polling units in favour of the 1st respondents.
“On the whole, I hold that this appeal has merit and succeeds, the majority judgment of the tribunal delivered on October 2 is hereby dismissed,” Justice Onyemenam held.
She went ahead to set aside the majority judgment of the tribunal which returned Ombugadu as governor.
In addition, she voided the order of the tribunal which directed the withdrawal of certificate of return issued to Sule and a fresh one to be issued to Ombugadu.
“I make an order affirming the declaration of Abdullahi Sule of the All Progressives Congress as duly reelected Governor of Nasarawa State”, she added.
The Governorship Election Petition Tribunal sitting in Lafia, the Nasarawa State capital, had last month sacked Governor Sule of the APC and declared PDP’s, David Ombugadu, as the winner of the March 18, 2023 governorship election in the state.
In a virtual court session on October 2, the chairman of the three-member tribunal, Justice Ezekiel Ajayi, had ordered the withdrawal of the certificate of return from Sule, while the same should be issued to Ombugadu as the validly elected Governor of Nasarawa State.
Justice Ajayi’s lead judgment was supported by Justice Chiemelie Onaga but the third judge, Ibrahim Mashi, delivered a dissenting judgment upholding Sule’s election.
However, the Nasarawa State Police Command yesterday arrested 38 suspected miscreants following the Supreme Court Judgment that affirmed Sule’s election.
The State Commissioner of Police, Umar Shehu Nadada, disclosed this to journalist in Lafia.
The Commissioner of Police also revealed that the command recovered no fewer than 29 motorcycles, adding that the matter was being investigated at the command’s Criminal Investigation Department (CID), in the state.
He said: “The command apprehended 38 suspected miscreants in connection to the protest and we have recovered 29 motorcycles.”
“Those suspects arrested are currently with the command’s Criminal Investigation Department (CID), helping the police with useful information to enable its identify their sponsors or those behind them.
And as soon as the command identified their sponsors they will be arrested and prosecuted to face the wrath of the law to server as deterrent to others,” he added.
Gombe State
In Gombe, relief came the way of Governor Muhammad Yahaya following the dismissal of the remaining appeal against his election.
A five-member panel of the apex court led by Justice Kudirat Kekere-Ekun held that the appeal filed by Jibrin Barde of the People’s Democratic Party (PDP), was incompetent and lacking in merit.
The panel had on Thursday. dismissed the appeal by the African Democratic Party (ADC) and his candidate, Nafiu Bala, for lacking in merit.
At Thursday’s hearing, the apex court panel confronted counsel to the ADC and Bala’s lawyer, Mr. Herbert Nwoye, on the incompetence of his client’s case and the need not to waste the court’s time.
Nwoye subsequently applied to withdraw the appeal which was not opposed by the respondents and was accordingly dismissed.
The apex court after dismissing Barde’s appeal affirmed the concurrent judgments of the two lower courts that upheld the declaration of Yahaya as winner of the March 18, governorship election in Gombe State.
The Court of Appeal in Abuja had in November last year affirmed the election of Muhammad Yahaya as Governor of Gombe State.
The appellate court had affirmed Yahaya’s election shortly after it dismissed two separate appeals challenging his declaration as winner of the March 18 governorship election in the state.
Delivering the lead judgment in the appeal marked: CA/G/EP/GOV/GM/11/2023 and filed by the candidate of the People’s Democratic Party (PDP), Jibrin Mohammed Barde, the presiding Justice, Theresa Orji-Abadua held that the appeal was without merit and subsequently dismissed it.
According to judgment, the petitioners at the lower tribunal, failed to prove their allegations of non-qualification, perjury and certificate forgery raised in the petition.
After dismissing the appeal, the panel subsequently affirmed the judgment of the trial tribunal which had upheld the declaration of Yahaya as governor.
In the other judgment delivered by Justice F. A. Ojo, the appellate court also dismissed the appeal filed by the African Democratic Congress (ADC) and its candidate in the March 18 governorship election, Nafiu Bala.
Justice Ojo held that the appeal was without merit and affirmed the judgment of the trial tribunal.
Similarly, the apex court concluded that the case of the appellants lacked merit and subsequently affirmed the two lower courts judgment.
Kebbi State
In Kebbi State, Governor Idris for the third time emerged victorious in the litigations concerning the March 18 governorship election in Kebbi State, following the dismissal of the appeal of his closest rival in the poll, Aminu Barde of the PDP.
A five-member panel of the apex court dismissed Barde’s appeal seeking to nullify declaration of Idris as Governor because the appeal was incompetent and lacking in merit.
The Independent National Electoral Commission (INEC) had declared Idris governor having scored 409,225 votes to defeat his closest rival, Barde of the PDP, who polled 360,940 votes.
Dissatisfied, the PDP candidate had dragged Idris, his deputy, the electoral umpire and the APC before the Kebbi Governorship Election Petition Tribunal, praying it to void the declaration of Idris on grounds of alleged irregularities, malpractices, non-compliance as well as non qualification of the deputy governor.
However, the tribunal disagreed with his claims about the election and subsequently dismissed his petition, which was also dismissed by the appellate court for lacking in merit.
Dissatisfied, Barde and the PDP again approached the apex court to nullify the concurrent judgments of the tribunal and Court of Appeal on grounds that the two lower courts erred in law when they refused to rule in their favour despite the magnitude of evidence presented at the trial.
But the apex court after deliberating on the appeal, held that the case of Barde was lacking in merit and that the two lower courts were right in holding that he did not prove his allegations against the election of Governor Idris.
Justice Uwani Abba-Aji, who read the lead judgment subsequently dismissed it for being incompetent and lacking in merit and went forward to affirm the election of Idris as Governor of Kebbi State.
Recall that a three-member panel of the Court of Appeal in a unanimous judgment, dismissed the appeal filed by PDP and Barde, for lacking in merit.
The court, in the judgment delivered by Justice Ndukwe Anyannwu, resolved all the five issues formulated for determination in favour of Governor Sule.
The court held that the appellants failed to establish all the allegations brought up against the governor in their petition.
It held that the allegations of forgery of testimonial brought against the deputy governor of the state, Abubakar Tafida, could not be established as required by law.
It also held that the issues of non-compliance with the provisions of the Electoral Act in the conduct of the election could not stand because the appellants failed to prove how the allegations substantially affected the poll.
The court, consequently, affirmed the judgment of the Kebbi State Governorship Election Petitions Tribunal which had on 5 October, affirmed Mr Idris as the duly elected governor.
The Independent National Electoral Commission (INEC) had declared the March 18 Kebbi gubernatorial election inconclusive owing to “massive vote cancellation and over-voting” in 20 of the 21 LGAs in the state.
The commission later fixed 15 April for a supplementary election.
At the end of the exercise, Idris, the candidate of the All Progressives Congress (APC), scored 409,225 votes to beat Barde, who got 360,940 votes.
Barde and his party rejected the result and filed a petition before the tribunal.
However, in the judgment, Ofem Ofem, the chairman of the tribunal, held that the petitioners failed to prove beyond doubt that the third respondent (deputy governor) presented a fake certificate to INEC.
Kaduna State
Similarly, the apex court affirmed the election of Governor Uba Sani of Kaduna State.
Hope of Isa Ashiru of the PDP of taking over the saddle of leadership in Kaduna State was completely dashed, following the dismissal of their appeal by the Supreme Court.
The Supreme Court in a judgment delivered by Justice Tijjani Abubakar, held that the appeal was incompetent and lacking in merit.
According to Justice Abubakar, the appellate court was in order when it held that the case of the appellants was completely devoid of merit.
“The appeal is frivolous, vexatious, and irritating. It therefore deserves to be dismissed, and it is hereby dismissed,” Justice Abubakar held.
INEC had declared APC’s Uba Sani as winner of the March 18, 2023 governorship election having scored majority of the lawful votes cast at the election.
However, a ray of hope dawned on the PDP and Ashiru when the Kaduna Governorship Election Petition Tribunal sacked Governor Sani, on the grounds that the election that produced him was inconclusive.
The tribunal had also ordered a supplementary election in seven wards of four local government areas.
The APC had defeated the PDP with a slim margin of about 10, 000 votes which the appellants claimed would not have been possible without the alleged irregularities, malpractices and noncompliance that happened during the election.
INEC had declared Sani winner of the governorship election having scored a total of 730,001 votes to defeat Ashiru, with 719,196 votes.
However, a three-member panel of the Court of Appeal, voided the order of the Kaduna State Governorship Election Petition Tribunal, for a supplementary election.
The appellate court voided the order for supplementary election while delivering judgment in two separate appeals by Sani and the APC on one hand, and Ashiru and the PDP on the other.
While the three-member panel led by Justice Obietonbara Daniel-Kalio, dismissed the appeal by Ashiru for lacking in merit, it held that that of Sani was meritorious and subsequently allowed it and grant the reliefs requested by the governor.
Consequently, the panel affirmed the election of Uba Sani as Governor of Kaduna State and set aside the judgment of the tribunal which had declared the election that produced Sani as Governor inconclusive.
In voiding the decision of the lower tribunal Justice Obietonbara Daniel-Kalio, who delivered the unanimous judgment, held that the evidence relied upon by the tribunal to declare the election inconclusive were manifestly bad, unreliable and ought not to have been given any probative value.
According to the judgment, the evidence the tribunal acted upon in ordering the conduct of supplementary polls in 22 polling units of four local government areas (LGAs) of the State where the exercise was deemed inconclusive was inadmissible.
Besides, the appellate court held that a key witness called by the PDP at the tribunal merely gave hearsay evidence because he was not present when the malpractices he alleged happened.
The court held that the tribunal was right in dismissing the petition of the PDP and Ashiru because the petitioners abandoned their petition, owing to their failure to apply for issuance of pre-hearing information sheet after close of pleadings as required by paragraph 18(1) of the first scheduled to the Electoral Act, 2022.
Other members of the panel who agreed with the lead judgment are James Abundaga and Mohamed Idris.
Meanwhile, Governor Sani has said with his affirmation by the Supreme Court as the duly elected, it was time to join hands to take the state to a higher level.
In a statement after the Supreme Court affirmed his election, Sani commended the Court for the sound judgment.
The governor also thanked his opponent, Isah Ashiru of the PDP, for embracing the legal process and ventilating his grievances.
Sani said he would focus on people-centered, inclusive and pro-development administration, adding that his doors were open to all stakeholders in the Kaduna state.
He said any citizen of Kaduna State who has something to contribute will be given an opportunity.
“The Supreme Court in a unanimous decision today put a final seal on the mandate freely given to me by the good people of Kaduna State”, the statement reads.
“I commend the Honourable Justices of the Supreme Court for their sound judgement.
I thank my dear brother, Hon. Isa Ashiru for embracing the legal process and ventilating his grievances.
“That is the democratic way and must be emulated by all persons and groups who are truly committed to the growth and development of Nigeria’s democracy.
“With the legal disputations over, it is time for us to join hands to take Kaduna State to a higher level.
“We are running a people-centered, inclusive and pro-development administration.
“Our doors are open to all stakeholders in the Kaduna Project. Any citizen of Kaduna State who has something to contribute will be given an opportunity. It is about the glory of Kaduna State, not personal glory.
“Today’s verdict by the Supreme Court is a reminder to all of us that we were given a mandate to better the lots of our people.
“Rather than engage in wild celebrations, we must reflect on the challenges ahead and collectively apply ourselves to the tasks at hand.
“With abiding faith in the Almighty God, we shall deliver on the SUSTAIN Agenda and make Kaduna State a model of development in Nigeria.”
