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• Says Decrease Court docket Turned Regulation And Pure Justice Upside Down
• Govs Sanwo-Olu, Nwifuru, Otti, Otu, Mohammed Additionally Win
It was candy victories for the Governors of Kano State, Yusuf Abba Kabiru; Plateau State, Mr. Caleb Mutfwang; and Zamfara State, Dauda Lawal, whose victories on the March 18, 2023 governorship election was affirmed by the Supreme Court docket, yesterday, following their enchantment towards their earlier sack by the Court docket of Attraction.
The Supreme Court docket additionally declared the Lagos State Governor, Babajide Sanwo-Olu and his counterparts in Bauchi, Abia, Ebonyi and Cross Rivers states, Bala Mohammed, Alex Otti, Francis Nwifuru and Bassey Otu, respectively, as validly elected by the voters, thereby, quashing the hopes of the opposition to upturn their victories.
There was heavy safety in, and across the Supreme Court docket of Nigeria advanced within the three arms zones of Abuja, because the pronouncements had been made by the revered Justices.
The Guardian noticed that safety operatives from common and plain-clothed police models had been deployed to the Court docket’s important entrance to dam unauthorised actions of people and automobiles into the advanced.
Current within the court docket yesterday had been 4 governors: Bala Mohammed of Bauchi State, Abba Yusuf of Kano State, Caleb Mutfwang of Plateau State, and Dauda Lawal of Zamfara State.
Additionally in court docket was the rapid previous Governor of Plateau State, Senator Simon Lalong.
The panel of justices of the Supreme Court docket walked into the court docket at precisely 9:27am to start supply of judgments.
Affirming Yusuf of the New Nigeria Individuals’s Celebration (NNPP) because the duly elected governor of Kano State, the Supreme Court docket dismissed the petition instituted towards him by the by All Progressives Congress (APC) and its governorship candidate, Nasir Yusuf Gawuna.
The apex court docket reversed the judgments of the Court docket of Attraction and the Kano State Governorship Election Petitions Tribunal, which had nullified the election of the governor, describing them as miscarriage of justice.
Justice John Inyang Okoro, who delivered the lead judgment, held that the legislation and pure justice had been turned the other way up by the 2 courts under to reach on the unjust and unfair choice.
Justice Okoro, whereas voiding and setting apart judgments of the 2 decrease courts, mentioned that miscarriage of justice within the methods and manners the petition towards the governor was dealt with was manifest.
The Court docket of Attraction and the Tribunal had of their concurrent judgments annulled the election of Yusuf and declared Gawuna as winner of the election.
Nonetheless, the Supreme Court docket held that two main elementary flaws had been found within the findings of the Tribunal and the Court docket of Attraction, which led to miscarriage of justice.
Justice Okoro mentioned that the allegations of the APC that the governor was not a member of the NNPP on the time he stood for the election and which the Tribunal used to overturn his victory is towards the provisions of the legislation.
The Supreme Court docket held that membership of the NNPP by the governor can’t be challenged by APC on the bottom of being inside affairs of the occasion.
Justice Okoro additionally held that the difficulty of occasion membership can’t be raised as a put up election matter as achieved by the APC and its governorship candidate; and wrongly upheld by the Tribunal and the Court docket of Attraction.
The Supreme Court docket discovered that the governor’s nomination was submitted to the Impartial Nationwide Electoral Fee (INEC) in an NNPP letter head paper collectively signed by the occasion’ nationwide chairman and nationwide secretary.
Justice Okoro additionally held that because the nomination, no member of the NNPP had queried the motion besides the APC in its petition earlier than the Governorship Election Petition Tribunal.
Moreover, the Supreme Court docket reversed the illegal removing of 165, 616 votes from the full votes forged for the NNPP and its governorship candidate on the ballot.
The court docket mentioned that there was no foundation for the illegal removing of the votes from the governor’s votes as a result of the poll papers used for the ballot had been duly issued by the Impartial Nationwide Electoral Fee (INEC).
It dismissed the allegations that the poll papers weren’t signed and stamped on the again.
Justice Okoro mentioned there was no scintilla of proof from any witness or documentary reveals that the poll papers had been unlawful and illegal as erroneously concluded by the Court docket of Attraction.
The Supreme Court docket, due to this fact, agreed with the governor that miscarriage of justice was perpetrated towards him within the methods and manners his election was nullified.
Justice Okoro ordered that the 165, 616 votes unlawfully deducted from the governor be returned to him.
The Supreme Court docket, whereas permitting the enchantment of the governor and the NNPP, dismissed the 2 judgments earlier granted in favour of the APC and its governorship candidate on the bottom that the judgments had been erroneously entered of their favour.
Within the Zamfara State governorship case, the Supreme Court docket overturned the choice of the decrease court docket and affirmed the election of Governor Dauda Lawal.
Studying the judgment on behalf of the panel, Justice Emmanuel Agim held that the Court docket of Attraction choice was perverse and can’t stand.
The Court docket of Attraction had sacked Lawal of the PDP and ordered INEC to conduct contemporary elections in Maradun Native Council, in 4 wards in Birnin Magaji Native Council and a few polling models in Bukkuyum Native Council.
Justice Sybil Nwaka-Gbagi, who learn the Court docket of Attraction judgment, had mentioned INEC shouldn’t have used IReV for the collation of outcomes when the Supreme Court docket had dominated that it isn’t a outcome collation system however just for public viewing.
The three-man panel of justices upheld 4 out of seven points introduced ahead by the candidate of the APC, Bello Matawalle.
Nonetheless, the Supreme Court docket in its judgment, yesterday, particularly mentioned the choice of the Attraction Court docket ordering INEC to conduct elections in some native councils has no evidential advantage.
It particularly held that the choice of the Court docket of Attraction to put aside some native councils has no evidential advantage and consequently set it apart with no order as to price.
Within the Plateau State governorship case, the Supreme Court docket reversed the judgment of the Court docket of Attraction, which in November final yr eliminated Governor Caleb Mutfwang of Plateau State from workplace on grounds of illegal nomination.
The Supreme Court docket held that the Court docket of Attraction made elementary error in permitting the APC to poke nostril into the conduct of the first election by the PDP and nullified the election unjustly.
Justice Emmanuel Akomaye Agim, who delivered the lead of the unanimous judgment, mentioned the difficulty of main election was an inside affair of political events and that no different occasion can dabble into it besides members of the identical occasion.
Moreover, Justice Agim mentioned the difficulty of alleged improper conduct of the ward and native council election used to sack the governor was not justiceable.
He mentioned that the conduct of the ward and native council elections was an affair of the State Govt Committee of a political occasion whereas the conduct of the first election for the nomination of a governorship candidate is fully that of the Nationwide Govt Committee of a political occasion.
Justice Agim held that there was no situation of irregularities within the methods and manners the governorship main election that produced the governor was performed in Plateau and puzzled why that of the ward election was used to nullify the gubernatorial ballot.
He mentioned that proof was even nicely adduced that an order of Plateau State Excessive Court docket allegedly disobeyed was certainly obeyed by events concerned.
Justice Agim, due to this fact, voided and put aside the order of the Court docket of Attraction that Nentawe Goshwehe, the governorship candidate of the APC, be inaugurated as Plateau State governor.
The Supreme Court docket, due to this fact, affirmed the judgment of the Plateau State Governorship Election Petitions Tribunal, which had earlier dismissed the petition of the APC and its governorship candidate.
On the enchantment by the governorship candidate of the Labour Celebration ( LP), Gbadebo Rhodes-Vivour, and his PDP counterpart , Azeez Adediran, towards the election of Sanwo-Olu as Lagos State Governor, Justice Mohammed Lawal Garba, who learn the judgment on behalf of a five-man Panel of Justices, held that the petitions lacked advantage and accordingly dismissed them. Recall that Rhodes-Vivour and Adeniran had filed separate appeals towards the judgments of the Court docket of Attraction, which affirmed the 2 selections of the Governorship Election Petition Tribunal within the state.
The tribunal had dismissed the petitions of Rhodes-Vivour and Adeniran difficult Sanwo-Olu’s victory within the governorship election, a call the duo appealed as much as the Supreme Court docket.
A five-member panel of Supreme Court docket Justices headed by Justice John Okoro dismissed the 2 appeals and affirmed the declaration of Sanwo-Olu because the governor of Lagos State.
The court docket mentioned events ought to bear their respective prices.
On the Bauchi State governorship case, the Supreme Court docket affirmed the election of Governor Bala Mohammed of the PDP as winner of the governorship election.
Justice Mohammed Musa Saulawa, who learn the lead judgment, dismissed the appliance of Sadique Abubakar of the APC difficult the choice of decrease court docket that affirmed Mohammed’s victory.
The Court docket of Attraction had in its judgment delivered in November affirmed the victory of Mohammed within the Bauchi governorship election. A 3-man panel of justices of the appellate court docket was unanimous, awarding no price because the court docket held that every occasion to the matter ought to bear their prices.
One of many appellant’s pleas was that the election needs to be nullified, alleging that the kinds and booklets used within the election weren’t correctly crammed.
Nonetheless, the Attraction Court docket dominated that the appellant did not show this allegation with the required proof.
On Ebonyi governorship election dispute, Justice Abubakar Tijani, who learn the judgment on behalf of the panel members, said that “the enchantment is unmeritorious and it’s hereby dismissed.”
The Supreme Court docket held that the appellant did not efficiently set up a case of non-compliance and, due to this fact, his case can not succeed.
The Supreme Court docket, in a unanimous settlement, upheld the choice of the Court docket of Attraction, Lagos, which had earlier affirmed Francis Nwifuru because the duly elected governor of Ebonyi State.
In a unanimous choice, a three-member panel of the Court docket of Attraction led by Justice Jummai Sankey, had dismissed the enchantment filed by Chukwuma Odii of the PDP.
The panel additionally resolved all of the 5 points raised towards the appellant and dismissed the enchantment for missing in advantage.
Justice Sankey held that the PDP and its candidate lacked the authorized proper to meddle within the inside affairs of the APC because it pertains to the nomination of candidates.
On the Abia governorship election dispute, Justice Uwani Abba-Aji, whereas delivering judgment, dismissed each the petitions of the PDP and APC candidates towards the Labour Celebration candidate for missing in advantage.
It is going to be recalled that Governor Alex Otti of the LP was declared the winner of the governorship election in Abia State by INEC. He polled 175,466 votes to defeat his closest rival, Okey Ahiwe, of the PDP, who scored 88,529 votes.
Ahiwe and the governorship candidate of the APC, Ikechi Emenike, individually challenged Otti’s victory on the tribunal.
The tribunal, in its judgment on October 6, 2023, dismissed the petitions by Ahiwe and Emenike and affirmed Otti’s election. The judgment of the tribunal was later affirmed by the Court docket of Attraction however Ahiwe and Emenike approached the Supreme Court docket to hunt redress.
Nonetheless, the Supreme Court docket in its judgment yesterday mentioned that there was no proof of considerable non-compliance as claimed by the PDP within the petition towards the Labour Celebration and its governorship candidate and due to this fact dismissed the enchantment.
On the Cross River State governorship dispute, Justice Helen Ogunwumiji, who learn the judgment of the Supreme Court docket, dismissed the petition for being incompetent.
The PDP and its governorship candidate, Senator Sandy Onor, had challenged the nomination of Governor Bassey Otu by his occasion, the APC.
Onor had approached each the tribunal and appellate court docket, insisting that Otu needs to be disqualified from the race for allegedly holding twin citizenship, committing certificates forgery and for not being a member of the APC as of the time of the election.
However the decrease courts dismissed the PDP petitions, agreeing with Otu’s submission that the PDP can not problem his victory on grounds of occasion sponsorship and nomination as a result of they weren’t aspirants in the course of the APC governorship primaries.
The Court docket of Attraction, Calabar Judicial Division, had dismissed the enchantment filed by the PDP governorship candidate and Onor towards Otu.
Justice Ogunwumiju within the judgment, yesterday, mentioned the appellant was unable to show the case of forgery and non-qualification towards the respondent.
The Supreme Court docket additionally held that the difficulty of non qualification raised by appellant was a pre- election matter and consequently dismissed the petition for lack of advantage because it was out of judicial time.
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