The Supreme Court has nullified the election of Senator Emmanuel Bwacha as the gubernatorial candidate of All Progressives Congress (APC) for Taraba State in the March 11, 2023 elections.
Delivering judgement, Justice Adamu Jauro, affirmed the decision of the Federal High Court, Jalingo, Taraba State capital, that nullified the election of Bwacha as the APC governorship candidate in the state. The apex court set aside the judgement of the Court of Appeal, Yola Division, which had on November 24, 2022, reinstated Emmanuel Bwacha as governorship candidate of the All Progressives Congress in the forthcoming general elections.
A five-man panel of the Supreme Court Justices upheld the judgement of the trial court which had ordered for a fresh primary election within 14 days.
The apex court said, there were no valid APC primary elections conducted in Taraba state.
The court agreed that the results of the primary election were purported and fraudulently allocated to the candidate.
The court said, “The appeal is allowed and parties are to bear their respective cost”
The apex court also declared the Peoples Democratic Party (PDP) faction belonging to Governor Godwin Obaseki of Edo State, as authentic in the state.
Both Obaseki and a national vice chairman of PDP, Chief Dan Obih have been locked in a leadership battle for the soul of the party in the state.
While a Federal High Court in Abuja, in May last year recognised Orbih’s faction as producing authentic candidates of the party, another court in Benin City, recognises Obaseki’s faction.
Both also appealed the judgment of the trial court entered against them at the Court of Appeal.
Delivering judgment in the appeal filed by Omoregie Ogbeide-Ihama and others against Hon. Mathew Iduoriyekemwen and others, the apex court held that the case of the appellant was faulty as it did not emanate from the judgment of the appellate court.
In the appeal marked SC/CV/1575/2022, the appellants had sought a reversal of the judgment of the lower claiming it aired in law when it failed to declare them rightful candidates of the PDP in the elections.
But the apex court in its judgment delivered by Justice Centus Nweze, dismissed the appeal on the grounds that it was incompetent.
According to the judgment, an appeal must be based on issues contended at the lower court to qualify for review.
“Any ground of appeal that does not challenge issues raised at the lower court is incompetent. I enter judgment in favour of the respondents,” the apex court held.
Reacting however, Obaseki said “As the leader of the party in the state, I implore all members to consider this development as the end of all strife within the Edo PDP and to note that this is a victory for all members.
“Our resolve now is to win the forthcoming general elections as this experience has made us stronger and better prepared to clinch victory.
“This disagreement which has now been amicably resolved attests to the maturity of actors who as law-abiding party members have subjected themselves to and accepted the verdict of the courts.
“As there are no victors or vanquished in this issue, I want to call on all members of our party to come together to speak with one voice against the real opponents since our party is big enough to accommodate our variegated interests.
“The ongoing crisis in our Nation which has been choreographed by the All Progressives Congress (APC) is subjecting Nigerians to perhaps the most tortuous living conditions in our history since the Civil War between 1967 and 1970. Our efforts must now be directed to removing the APC from power and restoring our blessed Country.
“I, therefore, call on all our members in Edo State to stand up and be counted among the brave party men and women who stood to be counted in the execution of this all-important task to rescue Nigeria and pull it back from the precipice,” he said.
