Cloned Nigerian Anchor

Author: Vivian Michael

Nasarawa: Supreme Court Dismisses Appeal Seeking To Sack Gov Sule

A 5-man panel of the Supreme Court has dismissed an appeal by David Ombugadu of the Peoples Democratic Party seeking to upturn the electoral victory of Governor Abdullahi Sule of Nasarawa State.

Recall that the Independent National Electoral Commission had declared Sule as winner of the election with 347,209 votes to beat his closest challenger, Ombugadu, who polled 283,016 votes.

Not happy with the results declared by INEC, Ombugadu and his party, the PDP, filed a petition at the Nasarawa State Governorship Election Petition Tribunal to challenge the outcome of the polls.

On October 2, 2023, a 3-man panel of the election petition tribunal led by Justice Ezekiel Ajayi, in a split decision of two-to-one, declared Ombugadu, the validly elected governor of Nasarawa State.

However, the Court of Appeal in Abuja, affirmed the election of Abdullahi Sule as Nasarawa State governor, after overturning the earlier decision of the election petition tribunal that removed him from office.

Delivering judgement on the appeal filed by Sule, a three-member panel of the appeal court held that the Nasarawa State Governorship Election Petition Tribunal was wrong to have declared David Ombugadu, as the winner of the 18 March election.

Not relenting, Ombugadu appealed at the apex court.

But in a lead judgment, Justice Kudirat Kekere Ekun dismissed Ombugadu’s appeal for being ‘devoid of merit, vexatious and incompetent.

The panel unanimously held that all the sister appeals abide by the instant judgment.

More so, the panel ordered parties to bear their respective costs.

Recall that Governor Sule was initially declared the winner of the polls by INEC.

But Ombugadu challenged the election outcome at the tribunal, arguing that he won the majority of valid votes during the contest.

In a split decision of the tribunal on October 2, two members, forming the majority, declared Ombugadu the winner of the election, while the minority opinion of the only other member affirmed Sule’s victory.

Sule subsequently appealed against the majority decision of the tribunal, and won.

01/19/2024
Delta Guber: Ovie Omo-Agege lose, Supreme Court affirms Oborevwori

The supreme court, Friday, dismissed judgments on three separate appeals seeking to nullify the election of Sheriff Oborevwori as Delta state governor.

The court held that the appeals instituted by the aggrieved candidates, including Ovie Omo-Agege, candidate of the All Progressives Congress (APC), Ken Pela of the Labour Party (LP) and Kenneth Gbagi of the Social Democratic Party (SDP), is incompetent and lacks merit.

In separate judgements, delivered by a five-man panel of the Justices read by Justice Inyang Okoro, the Apex court held that the appallants failed to prove that the court below erred in it’s judgement by affirming the election that declared Sheriff Oborevori winner of the March 18 election in the state.

The court held that haven considered the arguments of the Counsels, the extent laws and evidences therein as far as the authorities cited, it concluded that appeal has no singular merit.

The Independent National Electoral Commission (INEC) had declared Oborevwori, candidate of the Peoples Democratic Party (PDP), as the winner of the governorship election held on March 18.

Aggrieved by the outcome of the poll, other candidates, including Ovie Omo-Agege, candidate of the All Progressives Congress (APC), Ken Pela of the Labour Party (LP) and Kenneth Gbagi of the Social Democratic Party (SDP), filed separate petitions before the governorship tribunal.

However, all the appeals were dismissed by the tribunal.
The court of appeal also affirmed Oborevwori’s election.

At the supreme court session on Tuesday, the appellants, through their respective counsels, faulted the verdicts of the two lower courts.

Omo-Agege contended 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.

Gbagi on the other hand prayed the court to declare that Oborevwori was not eligible to contest the election.

Pela, the LP candidate, prayed the supreme court to nullify the entire election and order a fresh one.
After listening to all parties, a five-member panel of the court said a date for judgment would be communicated.

01/19/2024
Breaking News: Guber legal battles: Delta, Nasarawa, Sokoto, 7 other know fate today

The Supreme Court will today determine the fate of nine governors whose victory in the governorship election held on March 18, 2023, are being challenged.

The states that the apex court has heard cases that were lodged by aggrieved candidates and reserved its judgement, are Delta, Rivers, Kebbi, Nasarawa, Taraba, Sokoto, Gombe, Kaduna and Ogun.

A top official at the Supreme Court who pleaded not to be mentioned, told Vanguard that judgement in some of the cases were brought forward to Friday after the court vacated the whole of next week to allow its overworked justices to rest.

While Justice Inyang Okoro will head the panel that will decide some of the appeals, the other panel will be led by Justice Kudirat Kekere-Ekun.

Even though all the cases were heard by a five-member panel, however, last Friday when the apex court delivered marathon judgements on governorship election appeals from eight states of the federation, eight Justices sat for the proceedings.

A panel of the court led by Justice Kekere-Ekun had on Thursday, announced that it would on Friday, deliver judgement on the appeal that is seeking to nullify the election of Governor Inuwa Yahaya of Gombe State.

The Peoples Democratic Party, PDP, and its candidate, Mohammed Barde, are praying the apex court to set aside the concurrent verdict of the Court of Appeal and the Gombe State Governorship Election Petition Tribunal, which dismissed the case they filed to challenge the declaration of governor Yahaya of the All Progressives Congress, APC, as the winner of the gubernatorial contest.

The panel okayed the matter for judgement, after all the parties adopted their briefs of argument.
The court, however, dismissed another appeal that was filed against governor Yahaya’s election by the candidate of the African Democratic Congress, ADC, Nafiu Bala.

The Appellant withdrew the matter after the apex court panel drew his attention to the fact that his case was premised on pre-election issues.

Similarly, the court reserved its judgement on Kaduna state governorship election dispute after the parties also adopted their arguments.

The PDP and its candidate, Mohammed Ashiru, are praying the court to sack Governor Uba Sani, who won his election on the platform of the All Progressives Congress, APC.

The Independent National Electoral Commission, INEC, had declared that governor Sani garnered a total of 730, 001 votes to defeat the PDP candidate, Ashiru, who polled 719, 196 votes.

However, dissatisfied with the result of the election, the PDP and its candidate approached the tribunal to challenge it.

The petitioners alleged that governor Uba was not duly elected by majority of valid votes cast in the election, adding that the election was invalid by reason of corrupt practices and non compliance with provisions of the Electoral Act 2022.

01/19/2024
More Troubles for Emefiele as FG amends charges

Fresh troubles appear to be in the offing for former Governor of the Central Bank of Nigeria CBN, Godwin Ifeanyi Emefiele as the Federal Government again amended the charges against him on offences allegedly committed while in office.

The earlier charges have been increased from six to 20, bordering on forgery, conferring of corrupt advantage, and criminal breach of trust among others.

The Federal Government had initially filed 19 charges against the former CBN governor bordering on N6.9bn procurement fraud but pruned it down to six to the tune of N1.2bn which he is currently standing trial on.

In the amended charge, Emefiele was accused of obtaining the sum of $6.2m by pretence by falsely representing the Secretary to the Government of the Federation.

The government said the offence was contrary to section 1(1) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, and punishable under section 1(3) of the same Act.

The charge read, “That you, Godwin Ifeanyi Emefiele male, adult, and Odoh, Eric Ocheme (Still at large) on or about the 8th day of February 2023 in Abuja, within the jurisdiction of this Honourable Court knowingly obtained by false pretence, the sum of Six Million, Two Hundred and Thirty Thousand United State Dollar ($6,230,000.00) by falsely representing that the Secretary to the Government of the Federation vide a letter dated 26th January, 2023 with Ref No. SGF.43/L.01/201 requested the Central Bank of Nigeria to provide a contingent logistic advance in the sum of $6,230,000.00 “in line with Mr. President’s directive” which representation you knew to be false and you thereby committed an offence.”

He was also accused of conniving with one Eric Ocheme who has been at large to commit forgery.

The government said the offence was contrary to section 96 (1) and punishable under section 364 of the Penal Code Law, Cap 89 Laws Federation, 1990.

It read, “That you, Godwin Ifeanyi Emefiele male, adult, and Odoh, Eric Ocheme (Still at large) sometime in January 2023 in Abuja, within the jurisdiction of this Honourable Court agreed amongst yourselves to cause to be done an illegal act to wit: forgery of a document titled: RE: PRESIDENTIAL DIRECTIVE ON FOREIGN ELECTION OBSERVER MISSIONS dated 26 January 2023 with Ref No. SGF.43/L.01/201 and you thereby committed an offence.”

Emefiele was also accused of conferring corrupt advantage on his wife Omoile Margret and Brother In-law Omoile Macombo by awarding a contract for the renovation of a portion of the CBN Governor’s residence in Lagos to the tune of N99.8m.

The government said the offence was contrary to Section 19 of the Corrupt Practices and Other Related Offences Act 2000.

The charge read, “That you, Godwin Ifeanyi Emefiele, male, adult, sometime in March 2020 within the jurisdiction of this Honourable Court did use your position as Governor of the Central Bank of Nigeria to confer a corrupt advantage on your wife, Omoile Margret, and brother-in-law Omoile Macombo by awarding a contract for the external renovation of the CBN Governor’s Residence lying, being and situate at No. 2 Glover Road, Ikoyi, Lagos in the sum of 99,826,452.47 to Messrs. Architekon Nigeria Limited, a company wherein the duo are directors and majority shareholders and you thereby committed an offence. ”

Emefiele’s counsel, Mathew Bukka, SAN, pleaded with the court for time, adding that the amended charge was served on them on Wednesday.

The trial judge, Justice Hamza Muazu, adjourned the matter till Friday January 19, for fresh plea of Emefiele to be taken in the new charges.

01/18/2024
Court Nullifies Provisions of Broadcasting Code EmpoweringNBC to Impose Fines on Broadcasters

In a landmark judgement granting relief to broadcast stations, Justice Rita Ofili-Ajumogobia of the Federal High Court, Abuja, declared as null and void, provisions of the Nigeria Broadcasting Code authorizing the National Broadcasting Commission (NBC) to impose fines on broadcast stations for breaching the code.

The ruling is sequel to the imposition of a N5 million each, on a television station and three pay TV platforms in 2022, for allegedly undermining Nigeria’s national security by broadcasting documentaries about banditry in Nigeria.

Delivering judgment in a suit instituted by Media Rights Agenda (MRA), the court held that administrative and regulatory bodies could not exercise judicial powers, adding that NBC not being a court of law, acted above its powers by imposing such fines.

The judge commended MRA for its legal challenge of the NBC’s action and issued an order of perpetual injunction restraining the Commission or anyone acting on its behalf from further imposing any fine on any media platform or broadcast station in Nigeria for any alleged offence committed under the Nigeria Broadcasting Code.

Justice Ofili-Ajumogobia set aside the fines imposed by the NBC on August 3, 2022 on Multichoice Nigeria Limited, owners of DSTV; TelCom Satellite Limited (TSTV); Trust-TV Network Limited; and NTA Startimes Limited for broadcasting a documentary about the state of banditry and security in Zamfara State, saying the regulator’s action was wrong and unjustifiable in a democratic society.

Abuja-based human rights lawyer, Mr. Uche Amulu, filed the suit on behalf of MRA asking the court to hold, among other things, the NBC’s action of imposing a fine on each of the media platforms and the station for broadcasting a documentary about the state of banditry and security in Zamfara State is unlawful and unconstitutional and has a chilling effect on the freedom of media to impart information and ideas. MRA contended that it would deter the platforms and station from reporting the true state of affairs regarding the security situation in Nigeria, and therefore constitutes a violation of the rights of MRA, its members, and other citizens of Nigeria to freedom of expression, particularly their rights to receive ideas and information without interference, as guaranteed by the Constitution and the African Charter on Human and People’s Rights.

MRA also sought a declaration that the procedure adopted by the NBC in imposing the fines is a flagrant violation of the rules of natural justice and the right to fair hearing under Section 36 of the Constitution and Article 7 of the African Charter as the Commission is the drafter of the Code, which provides for the alleged offences for which the media platforms and the station were punished, and which empowers the NBC to receive complaints, investigate and adjudicate on the complaints, impose fines and collect fines.

MRA contended that the NBC, not being a court of law and not having been constituted in a manner as to secure its independence and impartiality, has no power or competence to impose fines on broadcast stations as punishment or penalties for the commission of an offence as the competence to establish that an offence has been committed and to impose criminal sanctions or penalties belongs to the courts.

Besides, it claimed, the NBC, not being the Nigerian Police or a law enforcement agency, has no power to conduct a criminal investigation or an investigation that could lead to criminal charges against the affected media platforms and stations or the imposition of criminal penalties and accordingly, that the investigation purportedly conducted by the Commission, leading to the fines imposed on the media platforms and station for alleged offences under the Nigeria Broadcasting Code is ultra vires, null and void.

MRA also urged the Court to declare that the Nigeria Broadcasting Code issued by the NBC, being a subsidiary legislation that empowers it as a regulatory and administrative body to enforce the provisions of the Code, cannot confer judicial powers or jurisdiction in criminal matters on the Commission to impose criminal sanctions or penalties such as fines, particularly as the Code was made by the NBC itself.

It urged the Court to declare the fines unconstitutional, ultra vires, null and void, set them aside and issue an order of perpetual injunction restraining the NBC, its servants, agents, privies, representatives or anyone acting for or on its behalf, from further imposing any fine on any of the media platforms or station, or any other broadcast station in Nigeria for any alleged offence committed under the Nigeria Broadcasting Code.

In her judgment, Justice Ofili-Ajumogobia agreed with all MRA’s arguments and granted all the declarations and injunction sought by the organization. She however refused to grant the organization’s claim for N700,000 as costs it incurred in litigating the action; another claim for N2 million as general damages for NBC’s infringement on its rights as well as a request for N1 million as punitive damages for the Commission’s “outrageous conduct in abusing its powers and arbitrarily imposing fines on broadcasting stations”.

01/17/2024
Niger, others hold Nigerian Passports – Interior Minister Tunji-Ojo…as lawyers call for the need to break the old order of governance

The Minister of Interior, Olubunmi Tunji-Ojo, has revealed that some foreigners who have no business doing so are in possession of the Nigerian passport.

He said there were Ghanaians, people from Niger Republic, and the rest who hold Nigerian passports but added, “What we have been able to do is to introduce a verification system into passport application and issuance.”

Meanwhile, the President of the Nigeria Bar Association, Yakubu Maikyau SAN, has said there is a need for young lawyers to be properly mentored, as the need to break the old order of governance is necessary.

Speaking at the National summit of the NBA young lawyers forum, in Abuja, Maikyau emphasized that the young lawyers are positive that with the right guidance and mentorship, they would be able to scale through all the challenges and attain the prestigious ranks in the profession.

This was revealed at the ongoing Youth Leadership Summit of the Young Lawyers Forum of the Nigerian Bar Association(NBA) themed “Breaking the Old Order of Governance and Advocacy”.

The event is aimed at bringing stakeholders together to brainstorm on issues revolving around good governance and advocacy.

In his keynote address, the Minister
assured Nigerians that with lawyers in President Bola Tinubu’s administration, the government would succeed.

Tunji-Ojo listed lawyers advising Tinubu to include the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, Chief of Staff To the President, Femi Gbajabiamila, and the Principal Secretary to the President, Mr. Hakeem Muri-Okunola.

The minister expressed his confident that with the caliber of lawyers in Tinubu’s government, the administration was on track to getting things right in the country.

He said, “this administration has no reason not to get it right. I say this emphatically (because) we have one of the most celebrated lawyers today, the Attorney-General of the federation and Minister of Justice, Lateef Fagbemi, SAN, Chief of Staff To the President, Femi Gbajabiamila, Principal Secretary to the President, Mr. Hakeem P. When we look at the people advising the president, they are lawyers.”

Further in his submissions, the Yakubu Maikyau, maintained that the country remains the greatest country on the face of the earth potentially saying potential makes no meaning to you until one converts it to an experience.

“If have 10,000 naira in your pocket, you will die of hunger unless you convert it into an experience of getting food which you will eat to deal with that hunger. That is the case in Nigeria,” Maikyau said.

The NBA president however admitted that the generality of Nigerians are unhappy with the results the country has gotten so far despite various processes of governance and advocacies.

He agreed with the lawyers on the need to break from the old order of governance and advocacy.

He said he was committed to adjusting to any changes that would occur in the course of interaction between lawyers of the older and younger generations.

On that note, Maikyau announced a mentorship program for young lawyers saying young lawyers would be assigned to law firms, to learn the “attitude and approach to work” among other things.

According to him, two young lawyers from the three zones of the NBA would kick start the pilot program and would spend six months at different law firms learning the rudiments of the legal profession.

Speaking to newsmen, the Chairman, NBA YLF, Governing Council, Abdulrauf Tijjani Aboki said the youth wing’s objective is to promote the rule of law and break from the norm, especially on how to do this right.

Responding to the recent insecurity challenges, Tijjani said the NBA would continue to support every effort aimed at promoting the rule of law.

“The issue of insecurity does not know lawyer, doctor, or journalist, if it happens, it happens. But the NBA as an association can do what it can, we can lend our voices, we can prosecute cases Pro-bono(free of charge),: he said, explaining that the Executive and Legislative arm of government has alot to do regarding addressing insecurity.

01/17/2024
FCC Chair, Secretary: Lawyer urges President Tinubu to enforce Court Judgement

An Abuja based legal practitioner, Mr Festus Onifade, has called on
President Bola Tinubu, to correct the appointment of the Federal Character Commission (FCC)’s chairman and secretary by the previous government.

This was contained in a certified true copy of a letter to President Tinubu, in Abuja, Wednesday, that was copied to the Secretary to the Government of the Federation. Sen. George Akume, and Chief Lateef Fagbemi, SAN, the Attorney-General of the Federation and Minister of Justice.

On April 28, 2020, President Muhammadu Buhari appointed Muheeba Dankaka as FCC chairman for a five-year tenure and was confirmed by the Senate on June 2, 2020.

Buhari also approved the appointment of Bello Tukur as FCC’s secretary on April 14, 2017, and was reappointed on March 12, 2021, for a term of four years.
While Dankaka is from Kwara, Tukur hails from Taraba; the duo coming from the northern geopolitical zone.

Meanwhile, in a letter dated Jan. 16 and titled: “Appeal to Mr President to Safeguard the Integrity of Federal Character Commission,” the constitutional lawyer prayed the president to give effect to the court judgment.

The letter reads; “It is against this background that we make this appeal to you sir to give effect to the judgement of the court by appointing persons from different geo-political zones who will represent the diversity recognized in the 1999 Constitution of the Federal Republic of Nigeria (As Amended).

“Mr. President sir, it may not have come to notice that the morale of staff is at all-time low and this singular incident has caused a lot of resentment among staff of the commission.

“This is particularly because the commission itself is guilty of the infractions it was constitutional and statutory created to remedy.
“Sir like the popular saying ‘remove the log in your eyes, before the log in mine.’

Mr. President Sir, your timely intervention will remedy this anomaly and restore the commission back to performing its constitutional and statutory functions efficiently.

“It will also restore confidence of Nigerians in this administration as a government of inclusion, endearing hope in governance, and giving every Nigerian a sense of belonging.”

Onifade, in a suit marked: FHC/ABJ/CS/709/2021, sued the president, Attorney-General of the Federation (AGF), FCC, Dankaka and Tukur as 1st to 5th defendants respectively at the Federal High Court, Abuja.

In the originating summons dated and filed on July 19, 2021, the lawyer sought a declaration that “the president is bound to observe and comply with the provision of Sections 7 and 8 (1), (2) (a) (b) (c) of the Third Schedule, part 1 of the 1999 Constitution (As Amended) in the appointment of persons to the office of the Chairman and Secretary of FCC.”

He also sought an order directing the president to immediately dissolve and reconstitute the FCC’s board in accordance with the laws.

Justice Inyang Ekwo, in his judgment on Nov. 22, 2023, declared that the appointment of Dankaka and Tukur from the northern region was unlawful.

FCC Chair, Secretary: Lawyer urges President Tinubu to enforce Court Judgement

By Vivian Michael, Abuja

An Abuja based legal practitioner, Mr Festus Onifade, has called on
President Bola Tinubu, to correct the appointment of the Federal Character Commission (FCC)’s chairman and secretary by the previous government.

This was contained in a certified true copy of a letter to President Tinubu, in Abuja, Wednesday, that was copied to the Secretary to the Government of the Federation. Sen. George Akume, and Chief Lateef Fagbemi, SAN, the Attorney-General of the Federation and Minister of Justice.

On April 28, 2020, President Muhammadu Buhari appointed Muheeba Dankaka as FCC chairman for a five-year tenure and was confirmed by the Senate on June 2, 2020.

Buhari also approved the appointment of Bello Tukur as FCC’s secretary on April 14, 2017, and was reappointed on March 12, 2021, for a term of four years.
While Dankaka is from Kwara, Tukur hails from Taraba; the duo coming from the northern geopolitical zone.

Meanwhile, in a letter dated Jan. 16 and titled: “Appeal to Mr President to Safeguard the Integrity of Federal Character Commission,” the constitutional lawyer prayed the president to give effect to the court judgment.

The letter reads; “It is against this background that we make this appeal to you sir to give effect to the judgement of the court by appointing persons from different geo-political zones who will represent the diversity recognized in the 1999 Constitution of the Federal Republic of Nigeria (As Amended).

“Mr. President sir, it may not have come to notice that the morale of staff is at all-time low and this singular incident has caused a lot of resentment among staff of the commission.

“This is particularly because the commission itself is guilty of the infractions it was constitutional and statutory created to remedy.
“Sir like the popular saying ‘remove the log in your eyes, before the log in mine.’

Mr. President Sir, your timely intervention will remedy this anomaly and restore the commission back to performing its constitutional and statutory functions efficiently.

“It will also restore confidence of Nigerians in this administration as a government of inclusion, endearing hope in governance, and giving every Nigerian a sense of belonging.”

Onifade, in a suit marked: FHC/ABJ/CS/709/2021, sued the president, Attorney-General of the Federation (AGF), FCC, Dankaka and Tukur as 1st to 5th defendants respectively at the Federal High Court, Abuja.

In the originating summons dated and filed on July 19, 2021, the lawyer sought a declaration that “the president is bound to observe and comply with the provision of Sections 7 and 8 (1), (2) (a) (b) (c) of the Third Schedule, part 1 of the 1999 Constitution (As Amended) in the appointment of persons to the office of the Chairman and Secretary of FCC.”

He also sought an order directing the president to immediately dissolve and reconstitute the FCC’s board in accordance with the laws.

Justice Inyang Ekwo, in his judgment on Nov. 22, 2023, declared that the appointment of Dankaka and Tukur from the northern region was unlawful.

01/17/2024
S’Court reserves judgment on Nasarawa guber appeal

The Supreme Court of Nigeria, Tuesday, reserved judgment in the
Petition seeking to sack the incumbent governor of Nasarawa State, Abdullahi Sule of the All Progressive Congress (APC).

The People’s Democratic Party (PDP) and its governorship candidate, Hon Emmanuel David Ombugadu, is praying the apex court to set aside the November 23 judgment of the Court of Appeal which upheld Sule as the lawfully elected governor.

The Petitioners, through Kanu Agabi SAN submitted that the October 2, 2023 judgment of the Nasarawa State Governorship Election Petitions Tribunal in favour of PDP and Ombugadu be restored.

According to him, the Court of Appeal unjustly nullified the Tribunal’s judgment and unjustly declared Sule as winner of the March 18 gubernatorial election.

Agabi specifically called that the Supreme Court should allow the votes of Nasarawa state people to count and be meaningful be declaring PDP and Ombugadu as winners as rightly done by the Tribunal.

However, Sule and the Independent National Electoral Commission (INEC) and APC, prayed court to dismiss the appeal for want of merit.

APC lawyers, led by Akin Olujinmi SAN while adopting his brief of arguments asked the apex court to carefully looked into the cited authorities to back up their request for dismissal of the case.

After taking arguments from lawyers, Justice Kekere-Ekun announced that judgment has been reserved and that the date for its delivery would be communicated to parties involved.

The Appeal Court had on November 23 last year reversed the sack of Gov Sule by the State Election Petitions Tribunal in its judgment delivered on October 2.

The Appellate Court held that the Tribunal headed by Ezekiel Ajayi acted in grave error in using witness statements on oath, not front-loaded as required by law to arrive at the unjust conclusion of nullifying the election of the governor.

In a judgment delivered by Justice Uchechukwu Onyemenam, the Court of Appeal had said the Tribunal was legally bound to act on witness statements filed along with the petition or front-loaded within 21 days stipulated by law.

The Court held that no petition can lawfully be amended outside the 21 days allowed by law as wrongly done by the Tribunal.

“Since the statements used by the Tribunal to sack the Governor were not front-loaded in compliance with the law, the statements were a product of illegality with no probate value for a law Court to act upon”.

The Court also dismissed the over-voting issues used to annul the election, adding that the allegations were not established by law.

Justice Onyemenam held that the petition by the Governorship candidate of the PDP was a nullity and invalid on the grounds that the jurisdictional issues raised by the governor were unlawfully ignored by the Tribunal.

The Court of Appeal ruled that the Tribunal denied the Governor a fair hearing by not considering and making findings on the issues of jurisdiction raised at the hearing of the petition.

Justice Onyemenam agreed that the denial of a fair hearing against the governor was fatal and tendered all decisions of the Tribunal invalid.

In all, the Court of Appeal reversed all orders made against the governor and INEC and affirmed Sule as the lawfully elected governor of the state.

INEC had declared Sule the winner of the governorship election on the grounds that he polled a total of 347,209 votes to defeat his closest opponent David Emmanuel Ombugadu who secured 283,016 votes.

01/16/2024
Plateau Guber: S’Court Reveres Sack, Affirms Gov Mutfwang’s Election

The Supreme Court, Friday, reversed the judgment of the Court of Appeal that sacked Governor Caleb Mutfwang of Plateau State from office on ground of unlawful nomination.

The judgement read by Justice Emmanuel Agim held that the court below made an error in allowing the All Progressives Congress APC to delve into the conduct of the primary election by the People’s Democratic Party PDP and nullified the election unjustly.

The court held that the issue of primary election was an internal affairs of political parties and that no other party can dabble into it except members of the same party.

Besides, Justice Agim said that the issue of alleged improper conduct of the ward and local governments election used to sack the Governor was not justiceable.

According to him, the conduct of the ward and local governments election was an affairs of the State Executive Committee of a political party while the conduct of the primary election for the nomination of a governorship candidate is entirely that of the National Executive Committee of a political party.

Also, the court established that there was no issue of irregularities in the ways and manners the Governorship primary election that produced the governor was conducted in Plateau and wondered why that of the ward election was used to nullify the gubernatorial poll.

He said that evidence was even well adduced that an order of Plateau State High Court allegedly disobeyed was indeed obeyed by parties involved.

Therefore, the court unanimously voided and set aside the order of the Court of Appeal that
Nentawe Goshwehe, the governorship candidate of the All Progressives Congress (APC) be inaugurated as Plateau State Governor.

The Supreme Court affirmed the judgment of the Plateau State Governorship Election Petitions Tribunal which had earlier dismissed the petition of the APC and its governorship candidate.

Governor Mutfwang of the PDP scored 525,299 votes to beat the All Progressives Congress candidate, Nentawe Yilwatda, who garnered 481,370 votes during the 18 March governorship poll in Plateau State.

The governor’s election was upheld by the Plateau State Governorship Election Petitions Tribunal in Jos, the state capital.

However, the Court of Appeal in Abuja, in its judgement delivered on 19 November 2023, overturned Mr Mutfwang’s victory, prompting him to file an appeal at the Supreme Court to challenge the lower court’s decision.

01/12/2024
Ebonyi Guber: S’Court Okeys Nwifuru’s Election

The Supreme Court has affirmed the election of Governor Francis Nwifuru of Ebonyi state.

In a lead judgment of a 5-man panel of Justices, Justice Tijani Abubakar held that the candidate of the Peoples Democratic Party, Chukwuma Odi failed to prove any allegation of non compliance in the election.

Consequently, the apex court in a unanimous decision dismissed the appeal by Odi for lacking in merit and a gross abuse of court process.

The panel held that the PDP candidate cannot question the nomination of Nwifuru by his party, the APC.

The Lagos state division of the Court of Appeal, had on November 24, 2023, affirmed the election of Francis Nwifuru as the duly elected governor of Ebonyi State in the March 18, governorship election.

The three-member panel presided over by Justice Jummai Sankey, in its unanimous decision, dismissed the appeal filed by Chukwuma Odii of the Peoples Democratic Party.

01/12/2024