With the recent verdict of the Court of Appeal in Sokoto which set aside the nullification of Governor Saidu Usman Nasamu Dakingari’s election by the Election Petition Tribunal in Birnin-Kebbi and the determination of the opposition party to head for Supreme Court, the foregoing questions are among a few reverberating issues that perplex Nigerians, particularly the people of Kebbi state.
The Court of Appeal in Sokoto quashed on December 29, 2011 the judgment of the Kebbi State Governorship Election Tribunal which nullified the election of Usman Dakingari and made an order for fresh elections in 90 days. In his judgement, Justice Amiru Sanusi ruled in favour of Dakingari and set aside the earlier judgment of the tribunal.
The Kebbi State Election Petition Tribunal sitting in Birnin-Kebbi had nullified the Elections of the 2011 governorship election, in effect dismissing the work of the Independent National Electoral Commission (INEC), a public organ saddled with the responsibility of conducting such election and which had declared the victory of Governor Dakingari of the Peoples Democratic Party (PDP) with a score of 559,424 votes while Malam Abubakar Abubakar of the Congress for Progressive Party (CPC) who was said to have 326,482 of the total votes challenged the election return before the Election Petition Tribunal.
The petitioners made allegations of electoral malpractices, irregularities, corruption, ballot box snatching and stuffing, multiple voting and thumb printing, etc, which they said are criminal in nature but which the petitioners are by law required to prove beyond reasonable doubt, as in all cases that have been decided in the contemporary electoral/judicial exercises.
“This honourable Tribunal, after careful consideration of all evidences adduced before it by the petitioners, finds and so hold that these allegations have not been so proved by the petitioners beyond reasonable doubt,” the Tribunal Chairman, Justice Mairo Laraba Muhammed said while giving her judgment at the tribunal.
The tribunal submitted that the testimony of an expert witness had been completely discredited during cross-examination where he was also led to see so many flaws and errors in his report, thereby placing serious question marks on the accuracy of the report, having admitted that he did not carry out forensic, finger print or signature examination of ballot papers which were supplied to him by INEC.
“The only vital issue and/or bone of contention that affected the governorship election of 26-4-2011 in Kebbi State is the inability of INEC (4th respondent) to present before this honourable Tribunal evidence of actual and proper distribution of ballot papers, ballot boxes and other sensitive electoral materials for the conduct of the said election of 26-4-2011 to all polling units in Kebbi State,” said the Tribunal Chairman.
Nullifying the election and ordering for rerun within 90 days, the Tribunal chairman stated, “Failure of the 4th respondent (INEC) to produce forms EC40A and EC40C in their prescribed statutory forms is fatal to the case of the respondent and substantially affected the result of the election as there was no evidence to show that distribution of ballot papers and ballot boxes were done in line with the provisions of the Electoral Act 2010 (as amended) and Manual for Election Officials 2011 produced, published and distributed by the 4th respondent in the whole of Kebbi State”.
No sooner had the election been cancelled than it shaped another political dimension in the state and attracted a number of interpretative explanations. While some view it as beauty of democracy, others see it as a victory for justice.
The petition which was struck out by the Court of Appeal, Sokoto and ordered for continued hearing by Supreme Court based on merits against technicalities compelled counsels of the 1st and 2nd respondents, Yusuf Ali (SAN), Damian Dodo (SAN), Yakubu Maikyau (SAN) and those of petitioners; Kola Awodein (SAN), Roland Otaru (SAN), and Sam Kargbo (SAN), to troop to the Court of Appeal in Sokoto to challenge the judgment.
It was not only the ruling PDP whose victory was annulled or the leading opposition party, Congress for Progressive People (CPC) that challenged the judgment. INEC counsels too; Chief Adegboyega Awomolo (SAN), A. B Mahmoud (SAN), Dr. O. Ikpeazu (SAN), among others challenged the verdict.
The Special Adviser to the CPC Gubernatorial candidate, Abdullahi Idris Zuru told Sunday Trust that the party counter-appealed the verdict on the basis that the Tribunal acknowledged irregularities which discredited the elections, that they anticipated return verdict, not rerun. He said the irregularities were initiated by the PDP and executed by INEC, stressing that, in any case, in the event of rerun the party is optimistic of victory as they were only denied it previously.
In an interview, a PDP Chieftain in the state, Sama’ila Balarabe Sambawa told Daily Trust that the party has come to stay in the state, stressing that in the event of rerun the party’s candidate would emerge victorious.
“The entire PDP family nationwide, the party itself, the Presidency and all of us in Kebbi State are behind Governor Dakingari. I assure you that the people will remain with him not only in this election but in future elections,” Sambawa said.
The Presiding Judge of the Appeal Court, Justice Amiru Sanusi announced that the judgment of the Election Tribunal had been set aside, but the CPC is determined to go to Supreme Court. However, the State Chairman of PDP, Alhaji Mansur Shehu told newsmen that even at the Supreme Court they are confident of victory.
Political pundits believe that the contention for Kebbi governorship position has ended with the Court of Appeal Verdict on 29th December, 2011. Perhaps, because many in the opposition have lost hope. Even the vibrant Spokesperson of CPC, Alhaji Abubakar Kalgo has dumped the party and joined the PDP.
