The petition had challenged the declaration of the candidate of the Peoples Democratic Party, Governor Tambuwal, as the winner of the general and supplementary polls conducted by the Independent National Electoral Commission, on 9th and 23rd of March, 2019, respectively. (NAN)
NAN reports on Nov. 22, 2019 a five-man panel of the Court of Appeal, presided over by Justice Usaini Murkhtar, dismissed the appeals.
NAN reports that the Sokoto State Governorship Election Petition Tribunal had on Oct. 2, 2019 dismissed the petition against Tambuwal.
But dissatisfied with the tribunal judgment, the APC, through its lead counsel, Dr Alex Iziyon (SAN) had appealed the judgment on three grounds of non-compliance with electoral laws, over voting and other irregularities.
The Appeal Court ruled that the appellant failed to prove his case beyond reasonable doubt, thereby dismissed the case.
Similarly, the Supreme Court has affirmed Gov. Abdulahi Ganduje’s as the dully elected governor in the March 9, 2019 governorship elections and subsequently dismissed Abbah Kabiru-Yusuf’s appeal.
A five-man panel of the apex court led by Justice Justice Sylvester Ngwuta held that the appellant, Abba Yusuf of the Peoples Democratic Party (PDP), did not demonstrate any pervasiveness of the concurrent judgement of both the Tribunal and the Court of Appeal.
The seven-member panel of the apex court further held that the appeal had no merit and equally dismissed it.
Kabiru-Yusuf, the governorship candidate of People’s Democratic Party (PDP) had filed an appeal challenging the election of Gov Abdullahi Ganduje of Kano State in the March 9, 2019 governorship elections.
He had argued that having scored the highest votes, he is the candidate that satisfied the provision of Section 179 of the Electoral Act.
Arguing through his lawyer, Adegboyega Awomolo ,SAN,, said that the returning officer who cancelled the results of 207 polling units acted ultra-virus his powers and therefore null and void.
“The Returning Officer with the Independent National Electoral Commission (INEC) unlawfully cancelled elections in 207 polling units in the 44 local government Ares of Kano state during the March last year gubernatorial election
“Section 179 of the 1999 constitution and the 69 of the INEC guideline, Awomolo said that the Returning Officer had no power under any law to have cancelled any election after collation and declaration of the elections have been made.
He, therefore, pleaded with the apex court to nullify the result of the March 23 supplementary election conducted by the Returning Officer and which led to the emergence of governor Ganduje adding that the supplementary election was unlawfully conducted after the purported cancellation
Awomolo also urged the court to uphold the result in the INEC form EC8D as the final result of the March 9 governorship election legally conducted by INEC and reportedly won by the appellant.
But Ahmed Raji, SAN, the first respondents’ lawyer (INEC) asked the panel to dismiss the appeal by Kabiru-Yusuf and PDP.
He sought the dismissal of the appeal on the ground that there was no established evidence of election cancellation by any Returning Officer on the Election Day.
Raji told the Justices that the Returning Officer was unable to collate results in the 207 polling units due to violence and snatching of election results sheets.
He specifically informed the court that it was the agent of the appellant who allegedly snatched election results sheets prompting the conduct of supplementary election in the affected polling units
He pleaded with the apex court to uphold the concurrent findings of the election petition tribunal and the Court of Appeal and sustain the election of Ganduje as validly conducted and lawfully declared as the governor of Kano state.
Dr Alex Izinyon, SAN, who appeared for APC argued that there is no evidence that the Returning Officer cancelled votes, but what is on record is the inability of the Returning Officer to collate the election results.
“I therefore urge my Lord to dismiss this appeal and affirm the concurrent findings of the lower courts,” he said.
However, O. E Offiong Counsel to Gov. Ganduje urged the Supreme Court Justices to dismiss the appeal for lacking in merit.
Offiong said that contrary to the claim of the appellant, form EC8E is the final result sheet for governorship election and not form EC8D adding that the appeal has no legs to stand upon.
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