Supreme Court Dismisses ADC’s Appeal Against Governor Yahaya of Gombe
A five-man panel of the Supreme Court led by Justice Kudirat Kekere-Ekun on Thursday dismissed an appeal by candidate of the African Democratic Congress (ADC), Nafiu Bala, challenging the election of Muhammad Yahaya, as Governor of Gombe state.
The panel dismissed the appeal shortly after it was withdrawn by the appellant.
Meanwhile, the apex court has fixed Friday for judgment in the other appeal instituted by Jibrin Barde of the Peoples Democratic Party.
The panel fixed Friday for judgment shortly after parties adopted and argued their briefs of arguments in the appeal which expires on Sunday January 21.
The Court of Appeal in Abuja had in November, 2023, affirmed the election of Muhammad Yahaya as Governor of Gombe State.
The appellate court had upheld Yahaya’s election after dismissing two separate appeals challenging his declaration as winner of the March 18 governorship election in the state.
In a similar development, the Justice Kekere Ekun led panel, also reserved judgment on the appeal by the Peoples Democratic Party and its governorship candidate, Mohammed Ashiru Isa.
Isa and the PDP are seeking the nullification of the election of Governor Uba Sani of the All Progressives Congress in the March 18, governorship election in Kaduna State.
Recall that the Kaduna State Governorship Election Petitions Tribunal and the Court of Appeal had on separate occasions dismissed the petition of the appellants because it was not filed in line with the provisions of the Electoral Act 2022.
At the hearing of the appeal on Thursday, the Independent National Electoral Commission and the All Progressives Congress in their different preliminary objections prayed the Supreme Court to dismiss the appeal brought before it for being incompetent.
The two respondents informed the panel about the findings by the two lower courts, which had dismissed the case of the PDP and Isa.
INEC and APC among others, argued that records showed that the petitioners violated Paragraph 18(1) of the First Schedule to the Electoral Act 2022, when they prematurely applied to the tribunal for the issuance of a pre-hearing notice.
It was the contention of the respondents that the law provided that such application must be filed seven days after the close of pleadings by the parties.
In the main appeal, Governor Uba Sani represented by Chief Bayo Ojo SAN, sought dismissal of the appeal for lacking in merit and substance.
Ojo, submitted that the totality of the case of the PDP and its governorship candidate did not establish proof to any of their allegations.
Justice Kudirat Kekere-Ekun after taking submissions of counsel, reserved judgment.
The Court of Appeal Abuja had on November 24, 2023, unanimously affirmed the election of Uba Sani as Governor of Kaduna state.
