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Sacked By The Court

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  • How Yusuf, Dauda-Lawal Were Sent Packing As Govs
  • Sule’s Fate Hang In The Balance In Nasarawa
  • APC Hails Judgements, Salutes Judiciary For Its Courage, Professionalism

Amidst the criticism that trailed the conduct of the 2023 General Election in the country by the Independent National Electoral Commission (INEC), the judiciary, often referred to as the last hope of the common man has been dealing some severe blows to the ‘victory’ of some previously declared winners of governorship polls in some states.

As at the last count, the elections of no fewer than four state governors have been upturned.

The duo of Abba Kabir Yusuf of the New Nigeria’s Peoples Party (NNPP) in Kano State and Dauda Lawal of the Peoples Democratic Party (PDP) in Zamfara State have been sacked by the Appeal Court.

In Nasarawa State, Governor Abdullahi Sule’s fate hangs in the balance after the Court of Appeal in Abuja reserved judgment in his appeal after he was sacked by the tribunal and his opponent David Ombugadu, candidate of the Peoples Democratic Party (PDP) was unanimously declared as the authentic winner.

In Abia State, it took the intervention of the Appeal Court to restore Alex Otti as the duly elected governor after the Tribunal had earlier sacked him.

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Below are some of the landmark cases;

Abba Kabir Yusuf Vs Nasiru Gawuna (Kano State)

The victory of the Kano State Governor in the March 18 governorship election was shattered by the Tribunal sitting in the state on September 20, 2023, as it declared the APC candidate, Nasir Yusuf Gawuna, as the authentic winner of the poll.

Justice Oluyemi Osadebay-led panel sacked Governor Yusuf when 165,663 of his votes were declared invalid as they were neither signed nor stamped by INEC.

As a result, the Governor’s votes were reduced to 853,939, while Ganuwa’s 890,705 votes remained. Yusuf immediately rejected the Tribunal’s decision, calling it “unfair” and “a miscarriage of justice,” and appealed the ruling.

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However, the Court of Appeal in Abuja upheld the ruling of the Election Petitions Tribunal that sacked him from office.

In its judgment yesterday, the Appeal Court agreed with the judgment of the tribunal, ruling that the fielding of Abba Yusuf was in breach of the Electoral Law as he was not qualified to contest that Election.

Dauda Lawal Vs Bello Matawalle (Zamfara State)

The Independent National Electoral Commission (INEC) had declared Dauda Lawal of the Peoples Democratic Party (PDP) as winner of the election.

However, the APC governorship candidate, Bello Matawalle, challenged the outcome of the March 18 governorship election at the Tribunal, but his petition was dismissed for lack of merit.

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Undeterred, Matawalle filed an appeal at the Appeal Court. Dauda was then thrown into dilemma when the Court of Appeal sitting in Abuja on Thursday, November 16, agreed with Matawalle and declared the election that gave Dauda victory as inconclusive.

Delivering the judgment on Thursday, the Court of Appeal while declaring the election inconclusive ordered INEC to hold a fresh election in three local governments.

Not done, the 3-man panel of Justices of the Court in a unanimous judgment voided and set aside the declaration of Lawal of the Peoples Democratic Party, PDP.

Justice Sybil Nwaka Gbagiz, who read the lead judgment, ordered that fresh election be conducted at Maradun Local Government Area of the State and in other areas where elections were either cancelled or did not hold at all.

The Court held that the use of IREV information to declare Lawal as governor in the absence of polling units results were unlawful, illegal and unconstitutional.

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Abdullahi Sule Vs David Ombugadu (Nasarawa State)

Governor Abdullahi Sule’s victory was nullified in October as the governorship election petition tribunal sitting in Lafia, the state capital declared the Peoples Democratic Party (PDP) candidate in the March 18 polls, David Ombugadu, as the duly elected Governor of the State.

While delivering the judgment via Zoom, the three-man panel led by Justice Ezekiel Ajayi, maintained that the petitioner was able to prove his case beyond reasonable doubt.

But the Governor described the judgment as a temporal setback and a wake-up call, insisting he remains the state governor until the Supreme Court deems it otherwise.

Meanwhile, the All Progressives Congress (APC) has welcomed the judgments on the Zamfara and Kano governorship elections, saying they showed that the judiciary is vibrant and independent.

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The Court of Appeal had on Thursday declared the Zamfara governorship election, held six months ago, inconclusive and ordered a rerun in three council areas.

A day later, it also upheld the Kano State Governorship Election Petitions ruling that sacked Abba Yusuf as the state’s governor.

Following the development, APC spokesman Felix Morka said: “Both judgments underscore the vibrancy and independence of the judiciary and rekindle confidence that the courts are, and remain, the bastion of hope for justice in any democracy”.

“As we applaud the judiciary for its courage and professionalism in discharging its important constitutional duties, we urge it to continue to rise above blackmail and intimidation by some self-serving political interests, and continue to give full expression to the tenets of the law, irrespective of the identity or status of the parties involved,” Morka’s statement added.

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