Governorship polls: Govs woo challengers after S’Court affirmation as supporters celebrate

The governors of Lagos, Kano, Bauchi, Plateau, Abia, Akwa Ibom, Cross River and Zamfara states have waved the olive branch at their challengers and asked them to join them in moving the respective states forward following the affirmation of their elections by the Supreme Court on Friday.

The apex court held that Babajide Sanwo-Olu, Abba Yusuf, Bala Mohammed, Caleb Mutfwang, Alex Otti, Umo Eno, Bassey Otu and Dauda Lawal were the validly elected governors of their respective states, thereby putting to an end the controversies surrounding the 2023 governorship poll.

Kano

The Supreme Court set aside the lower courts’ decisions sacking the Kano State Governor, Abba Yusuf.

The governorship petition tribunal had set aside the victory of Yusuf of the New Nigeria People’s Party by declaring 165,663 of his votes invalid. The tribunal held that the deducted votes were from ballot papers that were neither stamped nor signed.

He then approached the Court of Appeal for redress, but the appellate court upheld the tribunal’s decision and said the governor was not properly sponsored by the NNPP, thus violating the provisions of Section 177 (c) of the Constitution.

The Court of Appeal subsequently declared Nasiru Gawuna of the All Progressives Congress winner of the election.

At the Supreme Court, Justice John Okoro ordered that all the ballot papers from which the appellant’s votes were deducted should be restored to the governor.

He said the papers contained the logo of the Independent National Electoral Commission and the coat of arms as prescribed by the Electoral Act.

Justice Okoro also held that contrary to the position of the lower courts, a total of 146,292 of the ballot papers were confirmed to have been signed and stamped, only that they did not have any date.

“There is no proof that the said ballot papers were not the ones used for the election. Thus the decision of the Court of Appeal affirming the decision of the tribunal ought to be set aside,” he added.

He also held that the issue of party membership was an internal affair of political parties.

Justice Okoro stated that Section 177 (c) of the Constitution was to prevent independent candidature, adding, “The issue of nomination is exclusively the internal affairs of a political party. Therefore, it is not justiceable.

“The issue is also statute-barred. It is a pre-election contestable by co-aspirants. It is not within the right of the first respondent to question the appellant’s membership. The party did not deny sponsoring him.”

Plateau

The Supreme Court also set aside the order of the Appeal Court sacking the Plateau State Governor, Caleb Mutfwang, whose election was earlier upheld by the Plateau State Governorship Election Petitions Tribunal in Jos, but the Appeal Court overturned his victory and declared Nentawe Goshwe of the All Progressives Congress as the winner.

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

For the same reason, the appellate court sacked many lawmakers elected on the PDP platform in the state.

Reading the Supreme Court judgment on Friday, Justice Emmanuel Agim held that the APC and its candidate were not members of the PDP and could not challenge the primary elections of the PDP.

He also held that the tribunal and Court of Appeal lacked jurisdiction to entertain the issue.

Justice Agim noted that the petition of the APC in the first place was an abuse of court process and faulted the Appeal Court for sacking the governor.

He said, “The petition by the APC and its candidates is an abuse of the court process. I wonder why the matter came to court at all. This appeal is allowed. The legal profession should wake up or render itself irrelevant. The judgment of the Court of Appeal is set aside. “

“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,” Justice Okoro said while agreeing with the judgment.

Zamfara

The Supreme Court also reserved the decision of the Court of Appeal declaring the governorship election in Zamfara State inconclusive.

The tribunal had dismissed the petition of the APC governorship candidate, Bello Matawalle, challenging the victory of Dauda Lawal of the PDP.

But at the Appeal Court declared the election in the state inclusive and ordered a rerun in Maradun, Birnin-Magaji and Bukkuyum local government areas.

The court held that it was wrong for INEC to adopt results from the result viewing portal to declare the winner in the affected local government areas, adding, “IReV is not part of the collation system but for viewing purposes.”

Justice Agim described the decision of the appellate court as perverse and held that the respondents did not provide substantial evidence to prove the allegations of over voting, among others.

He said, “The Court of Appeal’s decision is perverse. Has no evidential foundation. The appeal has merit, it succeeds and it is allowed.

“The order that the election is inclusive is hereby set aside. The election of the appellant is upheld. Other appeals on the matter shall abide by the decision.”

Lagos

Similarly, the Supreme Court affirmed the election of the Governor Babajide Sanwo-Olu of Lagos.

His victory was upheld by the tribunal and Appeal Court in the state

The kernel of the case of the Labour Party candidate in the election, Gbadebo Rhodes-Vivour, was Sanwo-Olu running mate’s qualification.

He claimed that the Deputy Governor, Obafemi Hamzat, had renounced his citizenship as a Nigerian.

Abdulazeez Adediran, popularly known as Jandor, of the PDP on his part, contended that the name Sanwo-Olu submitted to INEC was different from that contained in his West African Senior School Certificate.

Reading the judgement, Justice Garba held that Hamzat is a Nigerian by birth.

The court added that the renunciation of citizenship by a citizen by birth must be registered by the President, adding that the appellant did not provide evidence to that effect.

He also said pledging allegiance to another country and acquiring the citizenship could not rob Hamzat of his rights to contest elections in Nigeria.

Justice Garba said, “Section 177 (b) could not have been simpler in both word in expressing their purpose, and spelt out conditions to be met to be a governor.

“Section 177(1a) says if he is a citizens by birth, his citizenship is guaranteed. It automatically qualifies the citizen to contest. A person who is born in Nigeria with the required educational qualification and is 35 years of age is completely eligible to contest.

The appellants argued that he (Hamzat) renounced his citizenship without credible evidence. For a person to renounce his citizenship, the President shall approve the declaration of any person renouncing his citizenship of Nigeria.”

On the PDP’s appeal, Justice Adamu Jaro held that the tribunal was bereft of jurisdiction on the matter.

He described the appeal as academic and subsequently dismissed it.

 Bauchi

In the Bauchi State governorship appeal, the Supreme Court held that the petitioner was unable to show at the tribunal how the anomaly of improper filing of results during the election substantially affected the outcome of the poll.

The court held that the appellant’s witnesses were not polling unit agents and could not have given credible testimonies about what transpired at the other polling units during the election.

Justice Ibrahim Saulawa resolved all the issues against the appellant, Sadique Abubakar of the APC, and declared Bala Mohammed of the PDP the winner of the election.