The Supreme Court in Abuja, Wednesday, upheld the election of Governor Udom Emmanuel of Akwa Ibom state.
In similar landmark rulings, the court affirmed the elections of seven other governors whose wins at the polls in the last general elections have been in contention.
The apex court in a judgment delivered on Wednesday, December 18 said the case filed by Obong Nsima Ekere, the candidate of the All Progressives Congress (APC) lacked merit.
Ekere had in the March 9 governorship election challenged the victory of Emmanuel, who was declared the winner of the election by the Independent National Electoral Commission (INEC).
The unanimous judgment of the apex court, delivered by Justice Musa Dattijo Muhammad, dismissed the appeal challenging Emmanuel’s election held that the appeal lacked merit.
The Court of Appeal in Calabar had on November 13, 2019, affirmed the victory of Governor Emmanuel of the Peoples Democratic Party (PDP).
The appeal was filed against the judgment of the Tribunal delivered on September 5, 2019 at Uyo, which dismissed Ekere’s Petition for wanting in merit.
Delivering judgment in the appeal filed by Nsima Ekere, the five-man panel gave her judgment on all the issues set out by parties in the appeal.
The Appellate Court first affirmed the decision of the Tribunal rejecting a series of documents filed by the Petitioner at the Tribunal and held that the reasoning of the Tribunal were unassailable citing that the documents which were all public documents and therefore could not be admissible if there were not properly brought as Certified True Copies of the public documents sought to be tendered.
Furthermore, on whether the Tribunal was right in holding that the Petitioner/Appellant did not lead credible evidence to prove their case, the Court of Appeal affirmed the Tribunal’s judgment and upheld the Tribunal’s findings on evidence.
The Appellate Court noted that out of the results of 21 Local Government Areas challenged, the Petitioner did not lead any evidence in proof of their case in eight (8) and led very scanty evidence which on cross-examination were rendered very impotent in the other Local Governments were they made any effort to prove their claims. The court again held that the decision of the Tribunal was unassailable on that score and therefore affirmed the same.
Meanwhile, the ruling by the seven-member panel led by Justice Mary Odili means the embattled governors would remain in the office.
Abdullahi Sule of Nasarawa: The panel held that the appeal of David Ombugadu and the Peoples Democratic Party (PDP) against the March 9, 2019 victory of Sule lacked merit.
Seyi Makinde of Oyo: The court, in a unanimous decision, said it found merit in the appeal of Makinde challenging the judgment of Court of Appeal on the election.
David Umahi of Ebonyi: The unanimous judgment of the apex court, which was delivered by Justice Amina Adamu-Augie, dismissed the appeal challenging the election.
Babajide Sanwo-Olu of Lagos State: The unanimous judgment of the apex court, which was delivered by Justice Paul Galinje, dismissed the two appeals challenging the election.
“A petitioner cannot add to or subtract from the provision of Section 138 of the Electoral Act.
“Accordingly, this appeal lacks merit and the same is dismissed by me,” Justice Galinje held.
Nasir El-rufai of Kaduna State: In the Kaduna State governorship matter, the apex court, held that appeal the candidate of the PDP, Isa Hashiru, lodged to challenge the election victory of governor El-Rufai of the APC, lacked merit and deserved to be dismissed.
Dapo Abiodun of Ogun State: The apex court dismissed the appeal filed by Adekunle Akinlade of Allied People’s Movement (APM) against the election of Abiodun of the All Progressives Congress (APC).
Justice Mary Odili, who delivered the unanimous judgment of the court, held that the appellants failed to discharge the burden of proof of the noncompliance with the Electoral Act as argued.
Aminu Masari of Katsina: The lead judgment of the 7-man panel of the apex court, which was delivered by Justice Inyang Okoro, held that the appeal lacked merit. All members of the panel agreed with the judgment. The crux of the appeal was that Masari was not qualified to contest the election on the ground that the certificate tendered by the governor belongs to one Aminu Bello that is different from Aminu Bello Masari. Justice Okoro held that Masari satisfied the provision of the constitution.
