Appeal Court Affirms Abiodun, Oborevwori, Nwifuru, Idris, Sani’s Elections

The Lagos Division of the Appeal Court yesterday affirmed the elections of three governors; Dapo Abiodun of Ogun State, Fran­cis Nwifuru of Ebonyi State and Sheriff Oborevwori of Delta State.

The appellate court in three separate judgments, dismissed the appeals filed by their opponents in the March 18 governorship election for lacking merit.

While the appeals against the governor of Ebonyi State and governor of Delta State were decided unanimously, that of Governor Abiodun was a split decision of two to one.

Justice Joseph Shagbaor Ikyegh delivered the majority Judgement, while Justice Jane Esienanwan Inyang delivered the minority judgement.

While the majority dismissed the appeal filed by the candidate of the PDP in the 2023 gubernatorial election, Ladi Adebutu, Justice Inyang allowed the request and ordered INEC to conduct a fresh election within 90 days.

INEC had declared Abiodun winner of the election with 276,298 votes to emerge the winner of the keenly contested election. Adebutu polled 262,383 votes to come second, thus trailing the winner with 13,915 votes.

In his majority Judgement, Justice Ikyegh held that the appellants did not prove the allegation of certificate forgery against Governor Abiodun and noted that the tribunal did not believe the evidence of certain witnesses because of their demeanour.

Maintaining that appellate courts generally do not interfere with such assessments, it held that the judgment of the tribunal was undisturbed.

In the appeal filed by the PDP candidate in the election, Chukwuma Odii of the PDP, the three-member panel of Justices led by Justice Jummai Hannatu Sankey resolved all the five issues raised in favour of Nwifuru.

Justice Sankey, who read the lead judgement, held that the PDP and its candidate lacked the legal right to meddle in the internal affairs of the APC as it relates to the nomination of candidates.

The court also held that the issue of qualification/disqualification of Nwifuru was an internal affair of the APC, which the PDP and its candidate lacked the legal right to meddle.

Delivering Judgement in a sister appeal, Justice Biobele Abraham Georgewill also dismissed the petition filed by Odoh and APGA on the ground that they lacked locus standi to challenge Nwifuru’s electoral victory.

The court also held that APGA failed to appeal a federal high court judgement, which confirmed the Nwifuru’s defection from PDP to APC.

In governor Oborevwori’s appeal, the court held that Senator Ovie Omo-Agege of the APC failed to provide sufficient evidence to prove his case.

The Court of Appeal in Abuja Division also yesterday declared the March 18 governorship elections in Kaduna and Kebbi states of Senator Uba Sani and Governor Nasir Idris respectively, as lawful and valid.

For the election of Governor Sani, the  court reversed the declaration of his election as inconclusive by the Kaduna State Governorship Election Tribunal in its judgment of September 28.

Justice Obietonbara Owupele Daniel-Kalio who read judgments on the main and cross appeal, also reversed the order of the tribunal on INEC to conduct supplementary elections in 22 polling units in four local government areas of the state.

In the main appeal, Justice Daniel-Kalio resolved all the five formulated issues against

the Peoples Democratic Party (PDP) and its candidate in the 2023 election, Mohammed Isah Ashiru.

The five issues bothered on alleged malpractices, over voting, manipulation of results collations and ballot stuffing made by PDP and its governorship candidate.

In the appeal against the election of Governor Idris, the court dismissed the appeal brought before it by the PDP and its governorship candidate, General Aminu Bande, for lacking merit.

In a unanimous judgment delivered by Justice Ndukwe Anyannwu, the court resolved all the five issues formulated for determination in favour of the governor and against PDP.

Justice Anyanwu held that the allegations of forgery of testimonial brought against the deputy governor of the state, Abubakar Umar Tafida was not established as required by law.