THE Supreme Court, on Friday, August 23, upheld the re-election of Governors Douye Diri and Hope Uzodimma of Bayelsa and Imo states, respectively, as well as the election of Governor Usman Ododo of Kogi State.
In separate judgments, the apex court dismissed the appeals brought before it by the candidate of the All Progressives Congress (APC) in the November 11 governorship in Bayelsa State, Timipre Sylvia, and his party; the Imo State Peoples Democratic Party (PDP) and its candidate, Samuel Anyanwu, and the Labour Party (LP) and its candidate, Athan Achonu, as well as the Kogi State chapter of the Social Democratic Party (SDP) and its candidate, Muritala Ajaka, all for lacking in merit.
Before the rulings commenced, theere was commotion in the apex court premises, as lawyers, litigants, journalists and supporters of different candidates struggled to access the courtroom, with Police officers and private security guards from Halogen Security restraining everyone from going in.
The five-member panel, presided over by Justice Garba Lawal, held that APC/Sylva appeal was not only lacking merit, but a gross abuse of court process, and in a unanimous decision, upheld the earlier decision of the Court of Appeal and the Election Petition Tribunal affirming the declaration of Diri as the duly elected governor of Bayelsa State by the Independent National Electoral Commission (INEC).
The Court of Appeal in Abuja had on July 18, affirmed the re-election victory of Diri in the November 11, 2023, election.
The three-member panel of Justices, led by Justice James Abundaga, in a unanimous judgment, held that the appeal filed by Sylva and APC lacked merit, saying the election tribunal was right in striking out several paragraphs of the petitioners’ reply against the governor’s election.
The three-member tribunal, led by Justice Adekunle Adeleye, had on May 27, dismissed the Sylva and APC petition for lacking in merit.
The tribunal, in a unanimous decision, held that the petitioners failed to adduce credible evidence to substantiate their allegations against the outcome of the election.
It struck out all the additional proof of evidence and statements on oath of some of the witnesses who testified for the petitioners as incompetent, saying the law expressly provided that an election petition must be filed no later than 21 days after the election result was declared.
In the case of Imo State, the panel, in a lead judgment delivered by Justice Mohammed Idris, dismissed the appeal filed by PDP and Anyanwu for lacking in merit.
Justice Idris resolved all the issues raised for determination in the appeal against the appellants and equally dismissed the appeal for being unmeritorious, holding that the appellants, as petitioners at the election tribunal, failed to prove their case, as required.
He, therefore, affirmed the judgment of the Court of Appeal, which upheld the decision of the Imo State election tribunal that dismissed the appellants’ petition.
The Court of Appeal, Abuja Division, had on July 16, dismissed the appeal filed by PDP and Anyanwu, challenging the decision of the election tribunal, which upheld Uzodimma’s election.
The three-member panel, led by Justice Bitrus Sanga, held that the appeal lacked merit, having resolved all issues against the appellants in the suit.
It also dismissed the appeal by LP and its candidate, Achonu Nneji, and that of the Allied Peoples Movement (APM) for also lacking in merit.
The appellants were dissatisfied with the election tribunal judgment and approached the Court of Appeal on grounds that the election was invalid because of non-compliance with the provision of the Electoral Act.
They also challenged Uzodimma’s qualification, alleging that his West African Examination Certificate (WAEC) result was forged.
But while delivering judgment, the court of appeal held that the appellants, in their appeal, failed to prove the allegation of non-compliance, as alleged, and also held that the appellants failed to prove that the governor submitted a forged certificate.
The five-member panel of the apex court, in a judgment on the Kogi State election, held that the appeal by the SDP and Ajaka was without merit and dismissed it accordingly.
Justice Sadiq Umar, who read the lead judgment, resolved all the three issues identified for determination in the appeal against the appellants.
Recall that a three-member panel of the Appeal Court, in a unanimous judgment delivered by Justice Onyekachi Otisi, on July 11, upheld the decision of the Kogi State election tribunal.
According to the News Agency of Nigeria (NAN), the appellate court held that SDP and Ajaka failed to prove the allegations contained in their appeal beyond reasonable doubt, as required by law.
The court had earlier dismissed the appeals filed by Action Alliance (AA) and its governorship candidate, Olayinka Braimoh, and that of the Peoples Redemption Party (PRP) and its governorship candidate, Abdullahi Bayawo, challenging Ododo’s election.
Justice Otisi, while delivering judgment on SDP and Ajaka’s appeal, agreed with the election petition tribunal that sat in Abuja, holding that it was right to have expunged the evidence of the 1st Prosecution Witness (PW-1) called by the petitioners on the ground that the evidence tendered was a documentary hearsay.
Justice Otisi said witnesses, whether subpoenaed or normal, are supposed to front-load their witness statements on oath, as required by law, noting that the petitioners’ witnesses were incompetent because their statements did not accompany the petition, in line with the electoral laws.
She agreed with the tribunal that there were inconsistencies in the case of the appellants, adding that the allegation that Ododo submitted of forged document to INEC was a pre-election matter that is handled by the Federal High Court, and not the tribunal, having allegedly happened before the conduct of the election in the state and as such, cannot be legislated upon by the lower tribunal.
The Judge also held that the forgery allegation ought to be proven beyond reasonable doubt and consequently resolved all the issues raised in the appeal against the appellants.
The tribunal had in a unanimous decision on May 27, affirmed Ododo’s victory in a judgment by a three-member panel of Judges, headed by Justice Ado Birnin-Kudu, saying the petition was bereft of substance, and accordingly dismissed it.
The tribunal held that SDP and Ajaka failed to prove the allegations of over-voting and non-compliance with the Electoral Act, 2022, in the petition, insisting that all the witness evidence filed before it were incompetent and full of inconsistencies.
It also agreed with the submissions of the respondents that the allegations of forgery raised in the petition were pre-election matter, which ought to have been raised 14 days after the documents were submitted to INEC.
