As the Supreme Court continues to pass judgements on governorship tussles in states, there is increased security in eight states where final decisions on who are the governors would be taken Friday.
Even though the apex court had in the past few days taken final decisions on some governorship cases and the winners have moved on, the resolve to pass verdicts on cases involving eight states same day has shifted the attention of millions of Nigerians to the issues at stake and how winners and losers would react to the outcome.
The states are Kano, Plateau, Lagos, Zamfara, Bauchi, Cross River, Abia and Ebonyi.
Kano
Our correspondents report that the judgement concerning the governorship tussle in the state is a subject of discussion in public places.
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The Police Commissioner in the state, Muhammadu Usaini Gumel, told newsmen after meeting with other security chiefs, that they have adequate manpower to deal with any unforeseen circumstances.
“We have mobilized sufficient armed personnel to provide security at all flashpoints including political parties’ offices, the state government house, INEC (Independent National Electoral Commission) headquarters, banks/commercial areas, mosques, churches, recreation centres and motor parks before, during and after the judgment,” he said.
Asked whether a curfew could likely be imposed on the state, Gumel said “that won’t be necessary”, but warned that security agencies will not allow hoodlums to take advantage of jubilation to loot people’s property.
Suleiman Husseini Kahutu, a tea seller at Zoo Road, said he prays that the truth prevails and for Kano to remain peaceful.
A civil servant who preferred not to be named, said, “People are after what to eat. Look at the price of rice and maize today. All these politicians are the same, why should someone waste his time for them.”
Kano State Chairman of the New Nigeria Peoples Party (NNPP), Hashimu Dungurawa, said, “We are very hopeful of victory and favourable judgement by God’s grace. And as I speak to you, I am in Abuja,” he added.
All Progressives Congress (APC) Publicity Secretary in the state, Ahmad Aruwa said, “Insha Allahu, victory is ours because of our faith in God and the strong pieces of evidence we presented before the court. The judgements of the two lower courts are there to speak for us.”
Plateau
Uncertainty and high expectations are brewing among residents of Plateau State, especially party supporters, following the confirmation that the Supreme Court will deliver judgement on the governorship election today.
Our correspondent who went around the city centre in Jos, reports that soldiers, police and other security agents were seen in vehicles on a “show of force”.
The state Commissioner of Police, Okoro J. Alawari, had on Monday assured citizens of a peaceful atmosphere during and after the judgement, calling on all and sundry to cooperate with the police.
Jerry Nungi, a resident of Jos, said, “I am confident the judgement will come and pass without any violence. We have seen security everywhere and we are hopeful nothing bad will happen.”
Zamfara
Speaking to Daily Trust, the Police Public Relations Officer, Zamfara State Command, ASP Yazid Abubakar, confirmed that adequate arrangements have been made to protect lives and properties before and after the verdict.
He said: “We have deployed our personnel to strategic places within the state capital and major towns. We are fully ready to avert any attempt meant to disrupt the existing peace and harmony in the state.”
Also, heavily armed soldiers were deployed to the personal residence of the immediate past governor of the state and now Minister of State for Defence, Muhammad Bello Matawalle located along Gusau Road and other places in the state capital.
Lagos
The Lagos State Police Command spokesman, Benjamin Hundeyin, said they had provided adequate security to ensure that there was no breakdown of law and order ahead of the Supreme Court judgement.
“We are not anticipating any problem in Lagos, but as a proactive measure, the Commissioner of Police, Adegoke Fayoade has ordered the deployment of more men to the streets.
“Aside, he has also ordered increased police visibility around key public institutions, areas that are known for Crime”, the PPRO said.
The Police commissioner in Cross River State, Grimah Gyogon said they do not usually disclose their strategies to contain crimes or unrest.
“The command has already taken everything into account,” he said.
A community leader in Calabar South, Ekamba Cobham, said there was no tension in the state ahead of the verdict of the Supreme Court.
Issues the S/Court will consider
Daily Trust reports that there was increased security around the Three Arms Zone in Abuja, where the Supreme Court is situated.
The panel of justices led by Justice Inyang Okoro had earlier considered and reserved the appeals for judgement in the cases involving the eight states on the spotlight today.
Sources told our correspondent that apart from the cases that would be decided, the apex court had up till January 18, to dispense with all the appeals from the states affected by the outcome of the March 18, 2023 general elections.
The Kano State appeal has perhaps the most contentious issues in the post-election litigations of 2023.
Governor Abba Kabir Yusuf of Kano State and the NNPP filed the appeal before the apex court challenging the November 17, 2023 judgement of the Court of Appeal, which nullified the party’s victory in the governorship election.
The judgement stirred greater controversy over the contradictions in the Certified True Copy (CTC) of the judgement which upheld the governor’s election and awarded him the sum of N1 million in damages.
The appellate court, however, clarified that it was a “clerical error” that did not invalidate the main decision of the court, which found that Governor Yusuf was not a registered member of the NNPP and, therefore, not qualified to contest the election.
A three-member panel of justices led by Justice Moore A. Adumein, upheld the appeal of Nasir Yusuf Gawuna of the APC.
The panel held that every political party shall maintain the register of its members as provided in Section 77 of the Electoral Act, 2022.
The court said the appellant, to his detriment, did not submit his NNPP membership register or even tendered his statement on oath regarding his membership of the party.
The court said the 1999 Constitution made it mandatory for a political party to have a membership register and submit the same to INEC and the Tribunal when needed.
In nullifying the election, the tribunal agreed with the APC that over 160,000 ballot papers “were not signed or stamped by INEC.”
Yusuf’s votes were subsequently reduced by 165,663 to 853,939 while Gawuna’s 890,705 votes were not affected.
But arguing the appeal at the Supreme Court, counsel to INEC, Abubakar Mahmoud (SAN) informed the apex court that the testimony of the key witness, which was relied upon to deduct the 165,616 votes of Governor Yusuf, was rejected on the grounds of not being frontloaded.
Mahmoud said the recounting of votes was done privately at the tribunal chambers after the deduction of the contested 165,616 votes, adding that the results were not demonstrated when they were brought to the Court of Appeal.
On Yusuf’s membership of the NNPP, he stated that it is an internal affair of the political party, adding that it is not a constitutional matter as claimed by the APC, which pointed to Section 177(c) of the Constitution, as amended, and Section 77 of the Electoral Act.
On his part, counsel to Governor Yusuf, Wole Olanipekun (SAN) asked the apex court to set aside the judgement of the Court of Appeal as there was no basis to nullify the election based on unstamped ballot papers, adding that the sins of the electoral umpire should not be visited on the voters.
He maintained that Governor Yusuf’s membership of the NNPP is a pre-election matter and that the Court of Appeal lacked jurisdiction to entertain the matter.
While objecting to the submissions, counsel to the APC, Akin Olujimi (SAN) maintained that the Electoral Act mandates INEC’s presiding officers to sign the back of ballot papers after the conclusion of the election to make them legal and lawful.
Similarly, the Plateau State governorship election appeal before the Supreme Court is another case with seeming thorny issues, following the nullification of the election of Governor Caleb Mutfwang and affirmation of Nentawe Yilwatda Goshwe of the APC as the winner.
Governor Mutfwang had filed the appeal contending that the Court of Appeal in Abuja did not grant him a fair hearing as only one issue out of the seven raised was determined by the court against the rules.
The Court of Appeal in Abuja had on November 19, 2023, upturned the election tribunal’s verdict by nullifying Governor Mutfwang’s election.
The three-member panel, led by Justice Williams Dawodu, in a unanimous decision, held that Mutfwang was not validly sponsored by the PDP as provided by Section 285(2) of the Nigerian Constitution.
In the Zamfara State appeal, Governor Dauda Lawal and the PDP are challenging the verdict of the Court of Appeal nullifying their victory and ordering a rerun in three local government areas of Birnin Magaji, Bukkuyum and Maradun.
The Court of Appeal in Abuja had on November 16 voided the election of Governor Lawal, following an appeal of Bello Matawalle of the APC.
The lead judgment delivered by Justice Sybil Nwaka Gbagi faulted INEC’s use of IREV for the collation of results when the Supreme Court ruled that it is not a result collation system but only for public viewing.
The panel unanimously upheld four out of the seven issues for the determination of the appeal brought by the APC and Matawalle.
Before the 98,506 votes in the LGAs were voided, the PDP was declared the winner of the election with 377,726 votes as against 311,976 votes for the APC.
The Lagos State appeals were filed by the Labour Party (LP) and its candidate, Bode Rhodes-Vivour, and the PDP and its candidate, Abdulazeez Adediran challenging the victory of the state Governor, Babajide Sanwo-Olu of the APC.
While adopting his brief on 21 grounds, counsel for the LP, Olagbade Benson, urged the court to hold that the election was marred by irregularities, and non-compliance with the Electoral Act, adding that Deputy Governor, Obafemi Hamzat was not qualified to contest the election.
Similarly, Adediran filed 34 grounds of appeal asking the apex court to upturn the verdict of the Lagos State Governorship Election Tribunal and the Court of Appeal.
But counsel to Sanwo-Olu, Nas Ogunsakin, urged the court to dismiss the appeals, noting that the applicants did not present evidence to support their claims and that the witnesses brought were incompetent.
The Cross River appeal was filed by PDP’s governorship candidate, Senator Sandy Onor challenging the election of Governor Bassey Otu of the APC.
Arguing the appeal, counsel to the PDP and Onor, Joshua Musa (SAN) alleged that Otu provided a forged certificate and was not validly nominated, which ought to have disqualified him from contesting the March 18 election.
However, counsel to Otu said the appellants failed to establish the allegations of forgery and non-membership of the APC against the governor and urged the apex court to dismiss the appeal.
In the Abia appeal brought by the PDP governorship candidate, Okey Ahiwe, he is seeking to nullify Otti’s election on the grounds of irregularities in the election.
Counsel to the PDP, Uche Ihediwa (SAN) submitted that the party was short-changed by over 84,000 votes, mainly in Obingwa LGA during the collation of the governorship election results on March 18, 2023.
However, Otti’s counsel, Abiodun Owonikoko, (SAN) asked the apex court to dismiss the appeal for want of merit.
The appeal from Bauchi State was filed by the APC governorship candidate, Air Marshal Sadique Baba Abubakar challenging the decision of the Court of Appeal in Abuja, which affirmed the election of Governor Bala Mohammed on March 18, 2023.
INEC had declared PDP’s Mohammed winner with 525,280 against Abubakar of the APC with 433,272 votes.
Abubakar had contended that the election was marred by irregularities and non-compliance with the Electoral Act, 2022.
But in a unanimous judgement, a three-member panel led by Justice Nwaoma Chidi Uwa dismissed the appeal because the allegations were not proved in court.
The appeals from Ebonyi before the Supreme Court challenging the election of Francis Nwifuru of the APC as governor of Ebonyi were separately filed by Ifeanyi Chukwuma Odii of the PDP and Bernard Odoh of candidate of the All Progressives Grand Alliance (APGA).
The appellate court in Lagos had in November 2023 dismissed their appeals for failing to prove allegations of irregularities and non-compliance with the Electoral Act, 2022.
Ahmad Datti (Kano), Yusha’u A. Ibrahim (Gusau), Abiodun Alade, Eugene Agha (Lagos), Eyo Charles (Calabar), Ado A. Musa (Jos), Nabob Ogbonna (Abakaliki) & John C. Azu (Abuja)
