Supreme Court Upholds Borno, Zamfara Governors’ Election

THE Supreme Court yesterday put its judicial seal on the victory of Borno and Zamfara State governors in the April 26, 2011 governorship elections, as it dismissed all appeals against their election.

Meanwhile, the apex court on Thursday fixed February 24 to deliver judgment in the appeal seeking to nullify the victory of Kebbi State Governor, Saidu Dakingari of the Peoples Democratic Party (PDP) in the April 26 governorship election.

In the lead judgment on the Borno appeal, Justice Walter Onnoghen held that the decision of the lower court to order a re-trial of the petition amounted to an attempt to create a jurisdiction that never existed for the tribunal.“It is very worrisome that despite the decision of this court on the number of days which the Electoral Act had provided for tribunal to sit over election appeal which is 180 days, some of the justices of the lower court are making an order for re-trial.

“Where will the tribunal get the jurisdiction to sit again after the expiration of 180 days? It is therefore my view that the tribunal has no jurisdiction to retry the petition.

“I therefore find merit in this appeal and it is hereby allowed; the decision of the Court of Appeal is hereby set aside and the judgment of the election petition tribunal is hereby affirmed,” he said.

The All Nigeria Peoples Party (ANPP) in Borno State and its flag bearer, Governor Kashim Shettima, had contested the decision of the Court of Appeal ordering a retrial of the governorship petition by setting up a new panel.

In the Zamfara appeal, the apex court also upheld the victory of the ANPP candidate, Governor Abdulaziz Yari.

The PDP had gone to the apex court, asking it to reverse the concurrent decision of the two lower courts.

Delivering the lead judgment, Justice Muntaka Commassie held that the tribunal and the Court of Appeal have done justice to the petition and therefore aligned himself with them.

He said: “I have gone through the processes filed and heard the argument of counsel and I have come to a conclusion that the appeal lacks merit. The judgment of the lower court is hereby affirmed.”

It would be recalled that the governorship candidate of the Congress for Progressive Change (CPC) in Kebbi State, Mallam Abubakar Abubakar, had filed an appeal at the Supreme Court, seeking to uphold the decision of the election petition tribunal, which quashed Dakingari’s victory in the 2011 governorship election.

But the Appeal Court, Sokoto Division, affirmed Dakingari’s election and set aside the judgment of the tribunal. Not satisfied, the CPC and its candidate had approached the Supreme Court.