The Supreme Court has affirmed the election of governors Kabir Yusuf and Caleb Mutfwang of Kano and Plateau states after they were removed by the Appeal Court in the aftermath of the March 18, 2023 governorship elections, which they won.
Other governors whose elections were affirmed are Babajide Sanwo-Olu (Lagos); Bala Mohammed (Bauchi); Dauda Lawal (Zamfara); Francis Nwifuru (Ebonyi State); Alex Otti (Abia) and Bassey Otu (Cross).
The judgements on Friday attracted increased security presence in and around entry points to the Supreme Court in Abuja.
There was also heightened security presence in the affected states, but our correspondents report that all the precautionary measures fizzled out amidst while jubilation after the judgements.
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Lawyers and pundits who spoke to Daily Trust Saturday said the Supreme Court justices had done the right thing by giving superior interpretations to the 1999 Constitution and the Electoral, 2022.
The apex court constituted five-member panels from eight, which were rotated with different justices reading the leading judgements.
Kano
On Kano, the Supreme Court set aside the judgement of the Court of Appeal in Abuja, which nullified the election of Governor Yusuf.
The lead judgement, read by Justice Inyang Okoro, also held that the issue of Governor Yusuf’s membership was a pre-election matter.
The panel unanimously held that the lower court misunderstood the import of the purported deduction of 165,616 ballot papers in favour of Governor Yusuf.
He said the finding that by the virtue of Section 177(c) of the Nigerian Constitution and Section 134(1) of the Electoral Act, Governor Yusuf was not sponsored by the New Nigeria Peoples Party (NNPP), was not of the electoral tribunal but a mere observation that his name was not contained in the membership list.
“This court has consistently maintained that the issue of nomination or sponsorship of a candidate for an election is completely an exclusive prerogative of the political party,” he said.
Lagos
On the Lagos appeal, the Supreme Court affirmed the election of Governor Babajide Sanwo-Olu.
In the lead judgement read by Justice Mohammed Garba Lawal, the panel dismissed the appeal filed by the governorship candidate of the Labour Party (LP), Gbadebo Rhodes-Vivour in the March 18, 2023 election.
In the main issue for determination, Rhodes-Vivour had contended that Kadri Hamzat, deputy governor of Lagos, was not qualified to be sponsored by the APC having renounced his Nigerian citizenship and taken up that of the US.
However, the court held that there was no credible evidence to show that the deputy governor renounced his Nigerian citizenship.
The court held that no provision in the constitution strips a Nigerian citizen by birth of his citizenship, even if he voluntarily takes up the citizenship of another country.
Bauchi
The Supreme Court dismissed the appeal challenging the election of Governor Bala Mohammed of Bauchi State for lack of merit.
In the lead judgement by Justice Ibrahim Saulawa, the panel found all the six issues raised by the candidate of the APC in the election, Air Marshall Sadique Baba Abubakar to be “entirely unmeritorious.”
The panel found that the APC failed to prove allegations of irregularities and non-compliance with the Electoral Act, 2022.
Plateau
On the Plateau appeal, the Supreme Court set aside the judgement of the Court of Appeal that removed Governor Mutfwang.
The lead judgement by Justice Emmanuel Agim held that the petitions filed by Nentawe Yilwatda Goshwe and the APC against the nomination of Governor Mutfwang was without locus standi as they were not members of the Peoples Democratic Party (PDP).
The panel held that the issue of nomination was an internal affair of the political party, adding that the High Court order for conduct of congresses was complied with by the PDP.
Zamfara
The Supreme Court also set aside the judgement of the Court of Appeal in Abuja, which declared Governor Dauda Lawal’s election inconclusive.
The lead judgement by Justice Agim held that the appellate court judgement was perverse in its verdict in November 2023.
The panel found that the contention by the APC’s candidate, Bello Matawalle that the PDP did not score the number of votes ascribed to it in three local government areas of Birnin Magaji, Bukuyyum and Maradun was unmeritorious.
Justice Agim submitted that the apex court had consistently maintained that any party which disputes the result of an election must tender the correct results.
Abia
On the Abia appeal, the Supreme Court unanimously held that the appeal by the PDP’s Okechukwu Ahiwe and the APC candidate, Ikechi Emenike against the election of Alex Otti lacked merit.
Reading the lead judgement, Justice Uwani Abba-Aji held that the allegation that Otti was not qualified to contest the election, not having his name submitted in the membership list of the Labour Party (LP) 30 days before the primary, having been in the APC, was not the intention of section 177(c) of the Nigerian constitution.
The panel said the membership of a political party was an internal affair of the party and it is “not the appellant (Ahiwe and the PDP) who should cry out about the nomination.”
On the allegation that Otti and the LP did not score the highest lawful votes in the election as the PDP was shortchanged by over 84,000 votes, mainly in Obingwa Local Government Area during the collation of the governorship election results on March 18, 2023, the panel said the evidence tendered was not the Certified True Copies (CTC), which made it inadmissible.
On the appeal by Emenike and the APC, the panel said the appeal was grossly unmeritorious and vexatious.
The panel wondered how a political party that scored 24,000 votes to come third would seek to upturn the 175,467 votes and 88,529 votes of the LP.
Ebonyi
The Supreme Court unanimously held that the appeal by Ifeanyi Chukwuma Odii of the PDP against Governor Francis Nwifuru lacked merit.
The lead judgement read by Justice Tijani Abubakar held that Odii and the PDP failed to prove allegations of non-qualification to contest the election and non-compliance with Electoral Act, 2022 in the election.
Cross River
The Supreme Court unanimously affirmed the election of Governor Bassey Otu and dismissed the appeal by the PDP candidate, Sandy Onor for lack of merit.
In the lead judgement, Justice Helen Ogunwumiju held that the allegation that Governor Otu was not qualified to contest the election due to false information involving his academic records were not proven.
The panel said the allegation of non-membership of the APC was not valid as the candidate was accepted and sponsored to contest the March 18, 2023 governorship election.
Wild jubilation
The Friday Supreme Court judgements ignited wild celebrations across Kano State, and Jos, the Plateau State capital.
In Kano, some supporters thronged the Miller Road residence of the NNPP national leader, Senator Rabiu Musa Kwankwaso, to rejoice.
However, armed security men blocked state roads and others leading to the Government House to stop supporters from taking celebrations there.
A resident and NNPP supporter, Kabiru Makoda, said he was happy over the judgement that upheld the election of Governor Yusuf, calling on his opponents to accept the verdict in good faith.
Another resident, Hafsat Abubakar expressed gratitude to Allah for giving the governor the victory at the apex court.
Some APC chieftains in the state declined comment on the Supreme Court’s verdict when contacted.
Reacting to the judgement, a senior lecturer in the Political Science Department of Bayero University, Kano, Dr Saidu Ahmad Dukawa, said the outcomes from the Supreme Court were not surprising because it is a policy court.
He explained that the court could decide on new laws irrespective of what the lower courts have decided upon.
He said the Supreme Court often considered other factors, including political and social factors, as well as peace and stability in arriving at its decision.
In a similar vein, residents of Jos, the Plateau State capital, also trooped out in their numbers to celebrate the victory of Mutfwang at the apex court.
This is as the governor, while reacting to the judgement dedicated his victory to God and the people of the state.
The governor also said the people stood by him and defended their mandate.
S/Court performed well – Lawyers
Meanwhile, lawyers have described the smooth conclusion of eight governorship judgements as outstanding.
Speaking at the Supreme Court on Friday, Damian Dodo, a Senior Advocate of Nigeria (SAN), said the judgements stood the apex court out in the world.
“I don’t know of any Supreme Court in the world where such number of cases were determined in one day,” he said.
Also reacting to the decisions, Mike Ozekhome (SAN) said it was democracy in action.
“What the Supreme Court has done is to allow the people’s votes count; that the people matter,” he said.
PDP, Atiku congratulate victorious members
The PDP, former Vice President Atiku Abubakar and the party’s governors forum have hailed the Supreme Court judgements that affirmed the victory of their governors.
The PDP in a statement by its national publicity secretary, Debo Ologunagba, described the affirmation as “resounding victory for democracy and ultimate triumph of the expressed will of the people of the states in their quest for purposeful leadership and good governance under the banner of the PDP.”
Also, Atiku in a statement from his media office, congratulated the PDP, other opposition party governors for their victory, insisting that only a united opposition force can salvage Nigeria.
Judgements should serve as rebuke to opposition parties – APC
Meanwhile, the ruling APC has said the Supreme Court judgements on 8 states of the federation should serve as a “rebuke to opposition figures” in the country.
It said opposition parties had consistently accused the APC of influencing the judiciary to deliver judgements in its favour in order to foist a one-party state on the country.
“Following Friday’s judgements in which opposition parties retained their states as declared in the March 18 governorship elections by the Independent National Electoral Commission (INEC), the APC national publicity secretary, Felix Morka, a lawyer said, “While the apex court’s decisions will undoubtedly elicit mixed reactions and reviews, the decisions are final and binding on all parties to the legal contests. The decisions today provide a strong affirmation of the authority, vibrancy and independence of the judiciary.”
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