Tag: Supreme Court

  • Judgement day: Kano, Plateau, Zamfara, Bauchi govs arrive Supreme Court

    Judgement day: Kano, Plateau, Zamfara, Bauchi govs arrive Supreme Court

    As the supreme court delivers delivers judgement today, Plateau, Bauchi, Kano and Zamfara states  arrived the apex the Court in Abuja.

    Governors Abba Yusuf (Kano), Caleb Mutfwang (Plateau), Bala Mohammed (Bauchi) and Dauda Lawal (Zamfara) are already seated in the courtroom alongside their lawyers as they await the arrival of justices deliver judgements.

    Ebonyi state is also on the cause list and the Ebonyi state Governor and  Francis Nwifuru.

    Kano state governor, AbbaYusuf, and his party NNPP, had filed an appeal against the judgement of the Court of Appeal, which had affirmed his sacking as earlier pronounced by the Kano State Governorship Election Petitions Tribunal.

    The tribunal had sacked Yusuf and ordered the Independent National Electoral Commission (INEC) to withdraw his certificate of return and instead issue same to to Nasir Yusuf Gawuna, the candidate of the All Progressives Congress (APC) in the March 18, 2023 governorship election.

    However, not satisfied with the Tribunal judgment, Yusuf had approached the Appeal Court. But the appellate court had while affirming his sack, further held that the governor was not a member of the party as of the time of the election and could not have been said to have been properly sponsored for the election.

    For Plateau, Gov. Caleb Mutfwang’s election was upheld by the Plateau State Governorship Election Petitions Tribunal in Jos but the appeal court overturned his victory and declared Nentawe Goshwe of the APC the winner of the election.

    The court ruled that the failure of the PDP to comply with the order of the Plateau State High Court in Jos directing it to conduct valid ward, local governments, and state congresses before nominating its candidates for the various elective posts was a breach of the law.

     

     

     

  • Judgement day: Security beefed up around Supreme Court ahead of Kano, 6 other Governorship disputes

    Judgement day: Security beefed up around Supreme Court ahead of Kano, 6 other Governorship disputes

    Heavy security has been beefed around the Supreme Court of Nigeria Complex in the three arms zones of Abuja ahead of the for judgment in the Kano State governorship election appeal.

    The apex court will also deliver judgment in Lagos, Zamfara, Plateau, Ebonyi, Bauchi and Cross River governorship elections.
    The court begins sitting by 9a.m.

    The Judgments in the Kano and Plateau appeals are the most anticipated, because the lower courts had sacked the incumbent governors.

    Security operatives from regular and plain-clothed police units have been deployed to the Court’s main entrance to block unauthorised movements of human and vehicles into the complex premises.

    Though only lawyers and parties involved in the matter were permitted, hundreds of supporters of the parties could be seen trying to gain access to the premises.

    Journalists were also having difficulty finding their way into the court premises.

    Kano state governor, AbbaYusuf, and his party NNPP, had filed an appeal against the judgement of the Court of Appeal, which had affirmed his sacking as earlier pronounced by the Kano State Governorship Election Petitions Tribunal.

    The tribunal had sacked Yusuf and ordered the Independent National Electoral Commission (INEC) to withdraw his certificate of return and instead issue same to to Nasir Yusuf Gawuna, the candidate of the All Progressives Congress (APC) in the March 18, 2023 governorship election.

    However, not satisfied with the Tribunal judgment, Yusuf had approached the Appeal Court. But the appellate court had while affirming his sack, further held that the governor was not a member of the party as of the time of the election and could not have been said to have been properly sponsored for the election.

    For Plateau, Gov. Caleb Mutfwang’s election was upheld by the Plateau State Governorship Election Petitions Tribunal in Jos but the appeal court overturned his victory and declared Nentawe Goshwe of the APC the winner of the election.

    The court ruled that the failure of the PDP to comply with the order of the Plateau State High Court in Jos directing it to conduct valid ward, local governments, and state congresses before nominating its candidates for the various elective posts was a breach of the law.

  • Ogun governorship election: Supreme Court reserves judgment

    Ogun governorship election: Supreme Court reserves judgment

    The Supreme Court on Thursday reserved judgment on the appeal by the Peoples Democratic Party (PDP) and it’s candidate in the March 18, 2023 governorship election, Ladi Adebutu against Gov. Dapo Abiodun.

    After hearing the appeal by Adebutu, the apex court five five-member panel of justices led by Justice John Okoro reserved judgment for a day that will be convenient for parties involved.

    Adebutu’s appeal is seeking the nullification of declaration of Abiodun as winner of the election.

    The apex court, however, declined to hear the cross appeals filed by the APC and the INEC, insisting that it abides from the outcome of the main appeal filed by Adebutu.

    Efforts by the APC’s counsel  to move the cross appeals were refused by the panel as the panel held that the main appeal covers them.

    Adebutu is challenging Abiodun’s re-election on the ground that the Electoral Act, 2022 was not adhered to, citing corrupt practices and issue of non-qualification.

    The PDP and Adebutu want the supreme court to set aside and dismiss the judgement of the Court of Appeal, Lagos, which had on November 23, 2023 affirmed the decision of the Tribunal in upholding Abiodun’s victory.

    Two Judges of the court below had dismissed the appeal filed by Adebutu for lacking in merit, while Justice Jane Inyang saw merit in the petition and thereby ordered INEC to withdraw the certificate of return presented to Abiodun and conduct another election in 99 polling units where elections were disrupted.

    In adopting his brief of arguments, Chris Uche SAN, counsel for the appellants said INEC ought to have conducted fresh elections in 99 polling units where elections were cancelled and not declared a winner.

    He said the return of the governor by INEC was unlawful and the election was wrongly concluded because corrupt practices were allegedly manifest during the March 18, 2023 governorship poll.

    However, counsel for the first respondent (INEC), asked the apex court to dismiss the appeal.

    He maintained that both governorship and presidential elections are not determined by margin of lead but by spread of votes, according to Section 179 of the 1999 Constitution.

    INEC had declared Abiodun winner of the governorship election after polling 276,298 votes to defeat his closest rival Adebutu, who polled 262,383 votes.

  • Abia governorship poll: Supreme Court reserves judgment in PDP’s appeal

    Abia governorship poll: Supreme Court reserves judgment in PDP’s appeal

    The Supreme Court on Wednesday reserved judgment in an appeal filed by the Peoples Democratic Party (PDP) and its governorship candidate, Okey Ahiwe, seeking the nullification of the election of Alex Oti as the Governor of Abia State.

    Justice John Okoro reserved the judgment to a date to be communicated to parties after taking their final arguments.

    Although APC’s legal team was led by the immediate past Attorney General of the Federation and Minister of Justice (AGF), Abubakar Malami SAN, the arguments were however presented by Uche Ihediwa, SAN.

    While presenting the PDP’s submissions, Ihediwa alleged that Ahiwe was short-changed with over 84,000 votes during the collation of the governorship election results.

    The lawyer alleged that the agent of the PDP was chased away at the collation center and as such, was not obliged a copy of the results as required by law.

    He claimed that his client had to approach the All Progressives Congress (APC) before it could access results sheets and discovered the alleged malpractices.

    However, Otti, represented by Abiodun Owonikoko, SAN, asked the apex court to dismiss the appeal for want of merit.

    Owonikoko informed the court that Otti scored over 174,000 votes at the March 18, 2023 governorship election to emerge victorious adding that even if the purported 84,000  short-changed votes were added to PDP, the appellants would still not win.

    He said that a purported result sheet produced by the PDP before the State Governorship Election Petitions Tribunal was rejected because it could not be read by the witness of the party.

    It will be recalled that Otti of the LP  was declared the winner of the governorship election in the Abia  by the Independent National Electoral Commission (INEC) on March 22.

    He polled 175,466 votes to defeat his closest rival, Ahiwe of the PDP, who scored 88,529 votes.

    Ahiwe and the governorship candidate of the All Progressives Congress (APC),  Ikechi Emenike, separately challenged Otti’s victory at 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 of Appeal.

  • Supreme Court dismisses SDP’s appeal against Fintiri’s re-election

    Supreme Court dismisses SDP’s appeal against Fintiri’s re-election

    The Supreme Court has dismissed an appeal by the Social Democratic Party (SDP) and Umar Ardo, its candidate in the 2023 Adamawa governorship election against Gov. Ahmadu Fintiri.

    Justice John Okoro who led the five-member panel led by subsequently dismissed the appeal after the counsel for the candidate prayed the court to withdraw the case.

    When the matter was called, a member of the panel Justice Helen Ogunwumiju drew the attention of counsel to the appellants, Sylvester Imanogbe to the fact that the appeal was incompetent.

    “This appeal is a waste of the court’s precious time, on the grounds that the petitioners did not only score a very insignificant votes of about 6,000 but did not show how the alleged noncompliance to the electoral laws and guidelines affected them or the outcome of the March 18 and April 16 rerun governorship election in Adamawa State”.

    Taking the hint of the court that the appeal was incompetent and also not wanting to waste the court’s time by arguing the case, Imanogbe made an oral application for the appeal.

    Respondents in the appeal however did not object to the withdrawal and presiding Justice, John Okoro, subsequently dismissed the appeal.

    Fnitiri is now left with the appeal filed by the All Progressives Congress and its candidate, Aishatu Dahiru, seeking to be declared the governor of the state.

  • Delta: Supreme Court reserves judgment challenging Oborevwori’s victory

    Delta: Supreme Court reserves judgment challenging Oborevwori’s victory

    Following the appeal by the SDP, Labour party and the APC challenging the victory of Governor Sheriff Oborevwori, Supreme Court has reserved the Judgement.

    The Independent National Electoral Commission, INEC, declared that Oborevwori of the PDP polled 360,234 votes to win the governorship election ahead of Omo-Agege of the APC, who secured 240,229 votes.

    An appeal court judgement in November had affirmed his election with a three-member tribunal headed by Justice C.H. Ahuchaogu dismissing the petition filed by former Deputy President of the Senate, Ovie Omo-Agege

    The tribunal held that the petition contained unsubstantiated allegations, noting that it was devoid of merit and speculative.

    The legal team of SDP, APC and PDP, approached the apex court asking that the governor should be removed.

    Counsel for Ovie Omo-Agege of the APC, Robert E, told the apex court the Electoral Act mandates that an election should be annulled when sensitive electoral materials don’t have serial numbers on them.

    But Damian Dodo, counsel for the governor, urged the apex court to affirm the judgement of the lower courts because the appellants has no case.

  • Plateau governorship election: Supreme Court reserves judgment

    Plateau governorship election: Supreme Court reserves judgment

    The Supreme Court on Tuesday reserved judgement on a suit filed by Gov. Caleb Mutfwang of Plateau State seeking to restore his mandate to lead the state.

    John Okoro who led a five-member panel of justices reserved the judgment after he took arguments from lawyers to both parties in the case.
    The apex court is expected to deliver a verdict on the matter before 16 January, when the appeal will expire.
    Mutfwang of the Peoples Democratic Party (PDP) had scored 525,299 votes to beat the All Progressives Congress (APC) candidate, Mr Nentawe Yilwatda, who garnered 481,370 votes during the March 18, 2023 governorship poll in the 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 overturned the victory, necessitating Mutfwang’s appeal at the supreme court.

    Mutfwang had urged the apex court to nullify the judgement of the Court of Appeal, which sacked him from office.The governor, who made this request in his appeal filed before the apex court by an eight-man team of Senior Advocates of Nigeria(SANs), led by Chief Kanu Agabi, accused the lower court of not giving his and his party, the Peoples Democratic Party (PDP), fair hearing.
    A three-man panel of the Court of Appeal led by Justice Elfrieda Williams-Dawodu had on November 19, 2023 nullified the election of Mutfwang and ordered the Independent National Electoral Commission (INEC) to issue a Certificate of Return to the candidate of the All Progressive Congress (APC), Nentawe Goshwe.

    The appellate court held that the appeal brought by Goshwe was valid as the qualification issue was both a pre and post-election matter under Section 177(c) of the Nigerian Constitution and Sections 80 and 82 of the Electoral Act, 2022.

    Dissatisfied with the judgment , the governor formulated eight grounds of appeal on why the Supreme Court should validate his election.

    He argued that the issue of nomination and sponsorship, which underpinned Ground One of the petition by the APC, is not only a pre-election matter but within the internal affairs of the fourth

    Respondent (PDP), and as such the first and second Respondents lacked the locus standi to canvass it.
    The appellant also argued that the judgment of the lower court delivered on November 19, 2023 is fatally flawed for want of jurisdiction regarding Section 285(2) of the Constitution (supra).

    He insisted that disobedience of court order is not one of the grounds for maintaining an election petition under Section 134 of the Electoral Act (supra), nor is it part of Section 177(c) of the Constitution (supra), let alone disqualifying the appellant from contesting the election.

    The governor further maintained that given the overwhelming oral and documentary evidence, including but not limited to EXHIBITS U and 2RA3, the fourth Respondent complied with EXHIBIT G1 by conducting a state congress on September 25, 2021, in Plateau.

    He also contended that the evidence of the 16th prosecution witness was thoroughly discredited and controverted, as such, the lower court was wrong to heavily rely on it against him.

    “The first and second respondents woefully failed to discharge the requisite burden of proof on them and, as such, not entitled to the reliefs sought in their petition, more so that having impugned the election as invalid for non-compliance, it is absurd of them to lay claim to victory for the same election.

    “The lower court was in grave error when it held that the Tribunal was wrong in striking out the offensive paragraphs of appellant’s reply and utilising evidence of PW16, PW24, PW27 and PW28 as a tribunal of first instance.

     

  • BREAKING: Supreme Court dismisses appeal against election of Governor Alia

    BREAKING: Supreme Court dismisses appeal against election of Governor Alia

    The Supreme Court has dismissed an appeal against the election of Governor Hycinth Alia of Benue State.

    This follows the withdrawal of the appeal by counsel to Mr Titus Uba of the Peoples Democratic Party (PDP), Sebastian Hon.

    Uba had challenged the victory of Governor Hyacinth Alia of the All Progressives Congress (APC).

    However, both the Election Petitions Tribunal and the Court of Appeal Abuja, had affirmed Alia’s election as governor of Benue State, following his declaration by the Independent National Electoral Commission (INEC) as the winner of the March 18 governorship election.

    The Court of Appeal had said it lacked the jurisdiction to hear the petition because it was a pre-election matter.

    The court held that Uba ought to have prosecuted the forgery allegation against Sam Ode, the deputy governor at the high court.

    It also held that Uba failed to prove allegations of forgery against Ode beyond reasonable doubt.

     

  • Kwankwaso after the Supreme Court – By Azu Ishiekwene

    Kwankwaso after the Supreme Court – By Azu Ishiekwene

    In the last one and a half decades, Rabiu Kwankwaso has been the most charismatic politician out of Kano after the passing of Abubakar Rimi. Kwankwaso is not just charismatic; he is consequential, with a cult-like following that responds twice, even when he calls once.

    He is facing yet another defining moment in his political career. The outcome of the ruling of the Supreme Court in the case between the Kano State Governor Abba Kabir Yusuf of the New Nigeria Peoples Party (NNPP) and his rival, Nasiru Gawuna, of the All Progressives Congress (APC), could well determine if the sun has finally set on Kwankwaso’s reign or whether he would get a new lease of life.

    Kwankwaso’s protegee, Yusuf, lost at the election petition tribunal and also at the court of appeal, where Gawuna had challenged his election on three main grounds: 1) That Yusuf is not a registered member of the NNPP; 2) That 165,663 out of the 1,019,602 votes scored by the NNPP were invalid because the ballots were neither stamped nor signed, therefore reducing his total valid votes to 853,939, and 3) That he, Gawuna having scored 890,705 votes with margin of nearly 36k, won the governorship election and should be declared governor.

    The lower courts agreed with his submissions in rulings – one from an undisclosed location and the other from cyberspace – that sparked widespread protests in the state, not to mention accusations of compromise. Even though a member of the tribunal raised the alarm that some persons were trying to lean on her by offering financial gifts through a proxy, all allegations of wrongdoing have been denied by the judiciary. All eyes are now on the Supreme Court.

    Nigeria’s courts have been swamped with election petitions, making election litigation one of the fastest growing industries. Voters vote, but judges choose the winners.

    In spite of the large number of decided election petition cases in the last over 20 years, however, there have been only a few where the two lower courts ruled in one way, only to have their rulings overturned by the Supreme Court. Governorship election petitions used to end at the Court of Appeal. Even after the law was amended to take governorship election disputes up to the Supreme Court, the norm was a split decision between the lower courts, before the final ruling by the Supreme Court.

    From the case involving Rotimi Amaechi and Celestine Omehia in 2007, to the ruling in 2016 where the Supreme Court set aside the ruling of the two lower courts and declared Nyesom Wike as the validly elected governor of Rivers State (without giving reasons for its decision), perhaps the most dramatic of the three or four exceptional cases was the one in 2019 involving the Imo State Governor, Hope Uzodimma.

    Apart from Reverend Ejike Mbaka whose extraordinary gift enabled him to foretell the outcome of the Uzodimma case in his famous “I see hope” speech, most normal, reasonable people could not fathom how a man who came fourth place in an election could become first. Yet, in a landmark decision wonderful beyond understanding, the Supreme Court overturned the decision of the two lower courts and ruled that Uzodimma won the election.

    Kwankwaso and his supporters obviously hope to beat the odds, which in any case, are perhaps not as formidable as those of Uzodimma. But Gawuna’s backers appear to have gone even one step further to secure their current juridical advantage. On the state’s Wikipedia page, for example, some folks terminated the tenure of Yusuf in November when the Court of Appeal gave its ruling. Gawuna is described on that page as “incumbent governor” from November!

    Kwankwaso has fought many wars but this battle may redefine the rest of his political days, and those of the Kwankwasiyya movement. His first significant defeat was 20 years ago, when he failed his second term bid for governorship. In the wave of political sharia sweeping the North at the time, Kwankwaso had positioned himself as a moderate. 

    His opponent, Ibrahim Shekarau, did two things: he latched onto the Muhammadu Buhari bandwagon, under the flag of the All Nigeria Peoples Party (ANPP); and more important, played the sharia card. He succeeded big, not only in dislodging Kwankwaso, but also becoming the first two-term governor in Kano.

    Shekarau defeated Kwankwaso again in the contest for a senatorial seat in 2019, after latter’s first tenure as senator. The leader of the Kwankwasiyya 

    movement was caught in the maelstrom of the APC presidential primaries, but in the run-up to the 2019 elections, he decamped back to the PDP. To be fair, during APC’s 2015 presidential primaries, Kwankwaso was the preferred candidate of the APC National Leader, Bola Ahmed Tinubu, at the time, before a strong Northern lobby pressed Buhari into the race.

    Shekarau exploited the accumulated rage of the pro-Buhari crowd, kindled against the leader of the Kwankwasiyya movement for daring to challenge Buhari’s talismanic hold on Kano.

    But Kwankwaso has matured since, especially after his eventful second term as governor, during which he was widely acclaimed for paying serious attention to education, health and infrastructure. Also, leveraging the crucial place of Kano as the Nigeria’s largest political vote bank, he played a decisive role, along with four other governors of the People’s Democratic Party (PDP) in 2015, that led to the fall of President Goodluck Jonathan’s government. 

    Perhaps the most significant marker of his political maturity was the formation of the NNPP only months to the last general elections and yet carrying one state – the most politically significant in the North West – and coming fourth in an election contested by 18 political parties. This legacy is now threatened.

    If Shekarau was his nemesis in the past, his nemesis for the last eight years has been his former deputy and Chairman of the APC, Abdullahi Ganduje. In the battle at the Supreme Court, Yusuf and Gawuna are, in a manner of speaking, pawns. The chess masters are Kwankwaso and Ganduje.

    After the last general elections, Kwankwaso seemed to have the aces. He had literally secured a third term in Kano and President Tinubu, the winner of the presidential election, needed to court him. Not just because he proved himself in present reckoning, but also because anyone in charge of Kano would be indispensable in future political calculations.

    After the elections, while Ganduje was still looking for a second address, Kwankwaso was already on Tinubu’s speed dial. He held several exploratory meetings with the President both in the country and in Paris for a potential role in the new government. I’m told that he was, in fact, considered for either the Ministry of Education or FCT.

    Ganduje and a few other influential politicians close to Tinubu panicked. But Ganduje, a man who looks incapable of hurting a fly, but doesn’t mind hunting a lion for game, waited for his time to pounce. Once he was appointed APC chairman, in spite of Kwankwaso, he slowly clawed himself back and swung the wrecking ball in cahoots with a few insiders who were also uncomfortable with Kwankwaso.

    Ganduje also consolidated his hold on the President after Gawuna won the first round of victory at the tribunal. Then Kwankwaso, whether out of frustration or defiance, made what was potentially a serious mistake. He held a closed-door meeting with Atiku in Abuja and left the press and politicians to pour petrol into the fire by making wild guesses about the motive for the meeting.

    The battle has now entered its final phase. If the Supreme Court bucks the trend and rules in favour of Yusuf, Kwankwaso would have used one judicial stone to vanquish Shekarau and Ganduje, two of his most potent longstanding enemies. If, on the other hand, the Supreme Court upholds the ruling of the lower courts, Kwankwaso’s decline will start in earnest, sucking his cult and scattering his sheepfold.

    Inconclusive is an unlikely outcome. But who knows?

  • BREAKING: Supreme court affirms Peter Mbah as Enugu Governor

    BREAKING: Supreme court affirms Peter Mbah as Enugu Governor

    The Supreme Court, on Friday, upheld the election of Governor Peter Mbah of Enugu State.

    The apex court, in a unanimous decision by a five-man panel of Justices, dismissed an appeal that the Labour Party, LP, and its candidate, Chijioke Edeoga, filed to challenge the outcome of the governorship election that held in the state on March 18.

    According to the apex court, it found no reason to dislodge the concurrent verdicts of the Enugu State Governorship Election Petitions Tribunal and the Court of Appeal in Lagos, which dismissed all the allegations the appellants raised the election victory of governor Mbah of the Peoples Democratic Party, PDP.