The Supreme Court Friday pinned the disputes over the outcomes of the March 2023 governorship elections in seven states of the federation.
The states are Abia, Bauchi, Ebonyi, Cross River, Lagos, Plateau, and Zamfara.
The cases which started at the various election petitions tribunal in the various states gave rise to decisions which aggrieved parties had appealed against at the Court of Appeal and subsequently at the Supreme Court.
How Supreme Court’s rulings state by state
Abia State
Justice Uwani Abba-Aji who read the lead judgement reviewed the case from the Abia State Governorship Election Petition Tribunal.
Related posts
- Supreme Court seals Umo Eno as Akwa Ibom Governor
- Supreme Court Restores Abba Kabiru as Kano State Governor
- Elections: Two Nigerian Governors unease over awaited Supreme Court’s verdicts
The justice noted that the petitioner (PDP) called 22 witnesses and tendered electoral documents as evidence to challenge the election of Alex Otti of the Labour Party.
The petitioner’s grouse was that Governor Otti was not a member of the Labour Party as of the time he vied and won the Abia State Governorship Election, Justice Abba-Aji recalls.
“In fact, this appeal ought not to have come to the Supreme Court. This is a pre-election matter that should have been litigated at the Federal High Court. We have taken this position in several cases,” she added.
The issue was resolved against the appellant.
“Election petition does not permit piecemeal filing of processes,” Justice Abba-Aji says of PDP’s failure to accompany its petition with the witnesses’ statements oath.
This appeal lacked merit and it is hereby dismissed. The election of the Governor of Abia State is affirmed, Justice Abba-Aji holds.
The Supreme Court called a sister appeal in the Abia State Governorship Election appeal.
Ikechi Emenike, the APC’s governorship candidate contested the victory of Governor Otti at the polls.
Otti of the Labour Party got 175,466 votes to beat his closest rival, Okey Ahiwe of the PDP, who scored 88,529 votes.
The tribunal and Court of Appeal dismissed Mr Emenike’s appeal, the Justice recalled.
“The appeal is unmeritorious and vexatious. It is accordingly dismissed,” Justice Abba-Aji said.
She added: “There is no need to subvert the political will of the people who voted overwhelmingly for the governor.
“There is no merit in this appeal. I affirm the concurrent findings of the lower courts.”
Justice Helen Ogunwumiju agreed with the lead decision.
Bauchi State
The Supreme Court for Nigeria confirmed the election of the governor of Bauchi State, Bala Mohammed.
The governorship candidate of the All Progressives Congress for Bauchi state, Sadique Abubakar effort in the two lower courts to remove Governor Bala Mohammed did not work at all.
INEC had declared Governor Bala Mohammed of the PDP as the winner of the 18 March 2023 governorship election in Bauchi State.
His victory was challenged at the election petition tribunal and later at the Court of Appeal by the All Progressives Congress (APC) governorship candidate, Sadique Abubakar. Mr Abubakar lost at both courts.
But displeased with the judgements of the two lower courts, he proceeded to to the Supreme Court to further challenge Governor Mohammed’s election.
Justice Ibrahim Saulawa delivered the lead judgement on Bauchi State governorship election appeal.
The Justice recalled the journey of the case from the tribunal to the Court of Appeal and now to the Supreme Court.
The case began in April 2023 at the Bauchi State Governorship Election Petitions Tribunal in Bauchi, the state capital.
The appellant called 10 witnesses and tendered several electoral documents in aid of his case, Justice Saulawa recalled.
In November 2023, the Court of Appeal affirmed the decision of the tribunal affirming Mr Bala as the Governor of Bauchi State. The appellant appealed to the Court of Appeal but lost, and subsequently filed an appeal at the Supreme Court to challenge the lower court’s decision.
The Justice said the appeal seeks to determine, “Whether the lower court properly appraised relevant provisions of the Electoral Act 2022.”
The judge averred that the main issues in the appeal centre on allegations of electoral malpractices against Nigeria’s electoral commission, INEC, and Governor Mohammed.
Justice Saulawa reviewed the evidence before the court.
The Justice said the eloquent submissions of lawyers in the suit had been considered by the Supreme Court.
The justice also notes the provision of section 73 of the Electoral Act pertaining to the conduct of elections by INEC.
The petitioner was unable to show at the tribunal the anomaly such as improper filing of election results during the election and how it substantially affected the outcome of the 18 March 2023 poll, Justice Saulawa said.
He added that the appellant was unable to discharge the burden of proof as required of him by the law.
The Supreme Court Justice averred that the appellant’s witnesses were not polling units’ agent, so they could not have given credible testimonies that meet legal standards about what transpired at the poll units during the election.
According to Justice Saulawa, ” On the basis of the findings, having effectively resolved all the issues against the appellant, the appeal is apparently devoid of merit. The judgement of the Court of Appeal is hereby affirmed. The appeal is dismissed.”
Justices Okoro and Abba-Aji agree with the lead judgement just delivered.
Justice Adamu Jauro and Emmanuel Agim completely agreed with the conclusion that the appeal is unmeritorious and should be dismissed.
Justice Agim stated that INEC had a duty to produce the results that were disputed at the Bauchi State governorship election, but the electoral umpire failed in that responsibility.
Cross River State
Justice Helen Ogunwumiju read the lead decision on Cross River State governorship election appeal.
Justice Ogunwumiju reviewed the lower court’s decision.
The appeal centres on the judgement of the Cross River State Governorship Election Petition Tribunal and the Court of Appeal which the appeal filed by the candidate of the PDP, Sandy Onor, a professor, challenging Governor Otu’s election victory.
Justice Ogunwumiju reviewed the pieces of evidence that were canvassed before the court.
“Section 40 of the constitution guarantees the freedom of association; it is an intrinsic human rights which cannot be denied. The defection of Governor Otu from the PDP to the APC is of no consequence,” the Justice quoted.
“No evidence was led by the appellant to show that Governor Otu forged his secondary school certificate. The appellant’s case isnonsensical,” Justice Ogunwumiju stated.
“The appeal is a waste of judicial time. It is hereby dismissed. Parties are to bear their respective costs,” Justice Ogunwumiju rules.
Justices Uwani Abba-Aji, Adamu Jauro, Emmanuel Agim, and John Okoro agree with the lead decision.
Ebonyi State
Justice Abubakar traced the history of the dispute after the 18 March governorship election in Ebonyi State.
The tribunal dismissed the PDP petition against Governor Francis Nwifuru of the APC.
The decision of the tribunal was upheld by the Court of Appeal in Lagos.
Three issues were raised by the appellant (PDP) for the determination of the appeal.
Governor Nwifuru’s sponsorship by the APC for the March 2023 election was challenged by the PDP.
Justice Abubakar reviewed the first issue.
“The issue revolves around the jurisdiction of the lower court. The contention is that Governor Nwifuru was not qualified to contest the election.”
‘‘Section 177 of the Constitution covers the criteria for contesting governorship election of a state.’’
Precedents set by the Supreme Court repeatedly ask the tribunal to refrain from the issue of membership of a party, Justice Abubakar observed.
The end result in this appeal is that the appellant failed to provide any evidence to establish the allegation of non-compliance with the Electoral Act.
“The appellant appeal is bound to fall like a pack of cards.
“This appeal is unmeritorious. It is therefore dismissed. The judgement of the Court of Appeal is affirmed,” Justice Abubakar ruled.
Lagos State
Shuabu Aruwa, SAN, announced appearance for the Labour Party governorship candidate in Lagos, Gbadebo Rhodes-Vivour, an appellant challenging Governor Babajide Sanwo-Olu’s election.
Bode Olanipekun, SAN announced appearance for Governor Sanwo-Olu.
Justice Lawal Garba read the lead judgement on the Labour Party’s appeal on the Lagos State governorship election appeal.
Justice Lawal Garba evaluated the pieces of evidence that were tendered before the Supreme Court.
Justice Lawal noted the main ground of the appeal which is that Gbadebo Rodes-Vivour contended that Mr Babajide Sanwo-Olu was not properly nominated by the APC to vie for the 18 March 2023 governorship election on the basis that his running mate and now his deputy allegedly holds dual citizenship of Nigeria and the United States.
The Justice reviewed the decision of the Court of Appeal which affirmed Mr Sanwo-Olu’s victory.
Justice Garba who went to the sole issue that would determine the appeal faulted unnecessary repetition of issues by the Labour Party’s legal team.
The Justice said when interpreting constitutional provisions, the court should bear the responsibility of the citizens in mind.
He reviewed the provisions of section 177 of the Constitution, which provides clearly that the conditions to be met for a person to contest for the office of governor in Nigeria.
He said the law provides that for a person to be qualified to be a governor in Nigeria, he must be a citizen by birth.
The Justice said once a citizen attains 35 years and has a school certificate, he is qualified to vie for office of the governor.
Justice Garba said the provisions of the Constitution are interdependent and must be interpreted together while reviewing facts before the court.
The Justice also noted that the essence of the Constitution is to preserve the citizenship of Nigerians.
The court said ”Section 28 of the Constitution provides for a person who is not a citizen of Nigeria by birth.
”A person who is a citizen of Nigeria by birth is clearly entitled to contest any election in Nigeria, Mr Garba said.
”There is no provision in the Constitution that strips a Nigerian by birth of his citizenship on account of acquiring the citizenship of another country,” the Justice added.
The Justice said, “I find the Court of Appeal right in affirming the election of the second respondent (Governor Sanwo-Olu).”
This appeal lacked merit and it was consequently dismissed, Justice Garba stated.
Justice Uwani Abba-Aji agreed with the lead judgement.
Justice Adamu Jauro concurred with the lead verdict delivered by Justice Garba.
Another member of the panel, Justice Emmanuel Agim, agrees with the reasoning of the judgement. “The Lagos State deputy governor declaration of allegiance to the United States does not rob him of his right to vie for elective office in Nigeria as citizen by birth.”
Abdulaziz Adediran of the PDP is contesting Mr Sanwo-Olu’s victory at the Supreme Court.
Justice Adamu Jauro read the lead judgement on the dispute.
Last November, the Court of Appeal dismissed the appeals brought against the re-election of Mr Sanwo-Olu and his deputy, Obafemi Hamzat, by the Peoples Democratic Party (PDP) and the Labour Party (LP).
Sanwo-Olu polled 762,134 votes while Rhodes Vivour Gbadebo got 312,329 votes.
Abdulazeez Adediran of PDP got 62,449 votes.
The court reviewed the decisions of the Lagos State Governorship Election Petition Tribunal and the Court of Appeal.
The Justice said the tribunal did not determine the merit of the case.
He, however, said the Supreme Court could not determine the merit of the appeal because the timeframe of 180 days to determine such case at the trial court had elapsed.
“This appeal is devoid of any merit, and it is accordingly dismissed,” Justice Jauro said.
The Supreme Court dismissed LP, PDP’s appeal against Governor Sanwo-Olu.
Justice Agim said the tribunal lacked the subject matter jurisdiction in terms of pre-election cases.
The court dismissed the appeal of Labour Party and PDP and declared Sanwo-Olu as the authentic governor of Lagos state and the winner of March 2023 governorship election.
Plateau State
According to the results declared by INEC, Governor Caleb Mutfwang of the Peoples Democratic Party (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 overturned the victory, necessitating Mr Mutfwang’s appeal at the Supreme Court.
Justice Emmanuel Agim read the judgement.
He noted the APC’s contention that the appellant was not qualified to contest the election. The APC says Governor Mutfwang’s nomination as a candidate and his election were invalid by virtue of non-compliance with the electoral law.
The Court of Appeal held that the primary election that produced Governor Mutfwang as the PDP’s candidate and his subsequent nomination to INEC were invalid. The party said he was not qualified to be Governor of Plateau State, the justice notes in his review of the decision of the appellate court sacking Mr Mutfwang.
“We have held in a plethora of cases that the sponsorship of candidate for election is an internal affair of a political party.
“The court of appeal lacks the jurisdiction to determine the validity of the candidacy of the PDP,” Justice Agim held.
Mr Yilwatda of the APC has no right to challenge the emergence of Governor Mutfwang as a ticket-holder of the PDP, the justice adds.
The Court of Appeal had anchored its decision sacking the governor on the alleged failure of the PDP to comply with an order of the Plateau State High Court to conduct fresh congresses before holding primary elections for nomination of its candidates for the 2023 general elections
But the Supreme Court justice said the order of the High Court had nothing to do with the the party’s power to conduct primaries for the PDP as it did to nominate Governor Mutfwang as its candidate for the governorship election.
The justice ruled that despite that, there is evidence showing that the order of the Plateau State High Court was complied with by the party.
Can the tribunal and the Court of Appeal determine the validity of the nomination of a candidate? The justice asked.
The order of the High Court of Plateau State had nothing to do with power of NEC of the PDP; it is a jurisdictional matter, the justice adds.
The legal profession should wake up, the justice says, adding that, for this reason, this appeal is allowed. The judgement of the Court of Appeal is set aside, inclusive of the orders made therein.
The judgement of the tribunal is restored. The election of the governor is further restored,” Justice Agim declared.
In his consenting opinion, Justice Okoro said: “My only worry is that a lot of people have suffered as a result of the Court of Appeal’s decision. It was absolutely wrong. The appeal is allowed.”
Justices Uwani Abba-Aji, and Helen Ogunwumiju also concurred with the lead judgement.
“It was very wrong for the Court of Appeal to go into the issue of party congresses. To make make matters worse, the party challenging the issue is another political party,” Justice Helen Ogunwumiju said.
She added that the Court of Appeal made a fundamental error by shifting the burden of proof on Governor Mutfwang.
Justice Adamu Jauro agreed with the judgement.
Zamfara State
Justice Emmanuel Agim read the judgement on the disputed Zamfara State Governorship election.
Justice Agim reviewed the evidence of parties.
Justice Agim in his review said the appellant, Bello Matawalle of the APC alleged that Governor Dauda Lawal of the PDP did not win the majority of lawful votes cast at the 18 March election.
“What was the evidence led to prove the allegation made by the petitioner?” Justice Agim queried.
In Maradun LGA, Mr Matawalle contended that the results were manipulated in favour of Governor Lawal.
“What is need to prove the petition is the duplicate copy of the results which the petitioner failed to provide,” Justice Agim said.
“The allegation of over-voting failed because INEC did not provide the voter register, polling unit officer report, and testimony of people who were present at the polling unit,” the judge says.
BVAS machines on their own cannot establish electoral malpractices. “Sufficient evidence was not adduced by the petitioner.
“This court is of the view that the tribunal was right. The judgement of the Court of Appeal was perverse, because the petitioner (Mr Matawalle) failed woefully to prove his allegations,” the judge declared.
“The decision of the Court of Appeal has no evidential foundation.
“The judgement of the Court of Appeal delivered in November is set aside. The order setting aside the appellant’s election is set aside. And the election of the Appellant is upheld.” Justice Agim affirmed.
