Justice Kudirat Kekere-Eku, leading a five-member panel of the Supreme Court on Tuesday deferred judgment in an appeal challenging the judgement of the Court of Appeal, upturning the earlier verdict of the tribunal, which removed Abdullahi Sule as the duly elected Governor of Nasarawa State.
After taking the arguments of lawyers from both Kekere-Eku, announced that the date for the delivery of judgment would be communicated to parties involved in the matter, where Sule of the All Progressives Congress (APC) is slugging it out with Emmanuel Ombugadu of the People’s Democratic Party (PDP).
Kanu Agabi, Senior Advocate of Nigeria (SAN), appearing for the PDP, had appealed to the apex court to set aside the November 23, 2023 judgment of the appellate court, which upheld Sule as the lawfully elected governor, stating that the October 2, 2023 judgment of the Nasarawa State Governorship Election Petitions Tribunal granted in favour of PDP and Ombugadu be restored.
Agabi, who claimed that the court of appeal unjustly nullified the tribunal’s judgment and unjustly declared Sule as winner of the March 18 gubernatorial election, pleaded that the votes of the Nasarawa people to count and be meaningful by declaring PDP and Ombugadu as winners as rightly done by the Tribunal.
But, Akin Olujinmi (SAN), appearing on the other side, while adopting his brief of arguments asked the apex court to carefully look into the cited authorities to back up their request for dismissal of the case, by upholding the November 2024 judgement, which reversed the sack of Sule by the tribunal on October 2.
The appellate court had held that the tribunal headed by Ezekiel Ajayi acted in grave error in using witness statements on oath, not front-loaded as required by law to arrive at the unjust conclusion of nullifying the election of the governor, adding that the lower court was legally bound to act on witness statements filed along with the petition or front-loaded within 21 days stipulated by law and that no petition could lawfully be amended outside the 21 days can be allowed by law as wrongly done by the Tribunal.
“Since the statements used by the Tribunal to sack the Governor were not front-loaded in compliance with the law, the statements were a product of illegality with no probate value for a law court to act upon”.
The court also dismissed the over-voting issues used to annul the election, adding that the allegations were not established by law.
Onyemenam held that the petition by the governorship candidate of the PDP was a nullity and invalid on the grounds that the jurisdictional issues raised by the governor were unlawfully ignored by the Tribunal.
He ruled that the Tribunal denied the governor a fair hearing by not considering and making findings on the issues of jurisdiction raised at the hearing of the petition.
He agreed that the denial of a fair hearing against the governor was fatal and tendered all decisions of the Tribunal invalid.
In all, the appeal court reversed all orders made against the governor and INEC and affirmed Sule as the lawfully elected governor of the state.
INEC had declared Sule the winner of the governorship election on the grounds that he polled a total of 347,209 votes to defeat his closest opponent Emmanuel Ombugadu who secured 283,016 votes.
In a related development, the Supreme Court has reserved judgment in an appeal seeking to sack Kebbi State Governor, Dr Nasir Idris of All Progressives Congress (APC).
On Tuesday, Justice Kudirat Kekere-Ekun, who led a five-member panel of the apex court, announced, after lawyers to parties made their final submissions, that judgment was reserved and parties would be notified when it is ready for delivery.
The candidate of the Peoples Democratic Party (PDP) in the last governorship election in Kebbi State, Major General Aminu Bande is by his appeal praying the court to set aside the judgment of the Court of Appeal, which affirmed Idris’ election as earlier done by the election tribunal.