Hopes by the Peoples Democratic Party (PDP) of regaining gubernatorial power in Ogun, Kaduna, Nasarawa, Kebbi and Gombe states ended up in tatters Friday after the Supreme Court dismissed claims by the party’s candidates of winning last March’s election in those states.
A similar appeal by the All Progressives Congress (APC) in respect of Delta State was also thrown out by the apex court.
It upheld the election of Governors Dapo Abiodun (Ogun), Uba Sani (Kaduna), Abdullahi Sule (Nasarawa), Muhammad Inuwa Yahaya (Gombe), Nasir Idris (Kebbi) and Sheriff Oborevwori (Delta)
But the decision of the court did not go down well with some PDP supporters in Nasarawa State, who took to the streets in the capital, Lafia, burning tyres.
The Supreme Court, in deciding the 14 appeals filed in relation to the governorship election disputes in the six states, held that the appellants failed to establish their claims.
Two appeals were filed in relation to Ogun State. The first, marked SC/CV/1221/2023 instituted by the candidate of the PDP, Oladipupo Adebutu and the second, a cross appeal, marked SC/CV/1222/2023 filed by Governor Abiodun
Three appeals were filed against Oborevwori. The first was by the candidate of the APC, Ovie Omo-Agege marked: SC/CV/1203/2023; second by Kenneth Gbagi of the Social Democratic Party (SDP), marked: SC/CV/1202/2023, third by Kennedy Pela of the Labour Party (LP), marked: SC/CV/ 1204/2023.
Four appeals were filed in respect of Nasarawa by the candidate of the Peoples Democratic Party (PDP), Emmanuel David Ombugadu.
The appeals were marked: SC/CV/1213/2023; SC/CV/1214/2023; SC/CV/1215/2023, and SC/CV/1216/2023.
For Gombe, one appeal, marked SC/CV/1226/2023 was filed by the candidate of the PDP, Jibrin Mahammed Barde.
In relation to Kebbi State, three appeals were filed. The first, marked SC/CV/1228/2023 by the candidate of the PDP, Bande Aminu, the second was marked SC/CV/1228A/2023 by Governor Idris; and the third was marked SC/CV/1228B/2023 filed by the Deputy Governor, Abubakar Umar Argungu.
For Kaduna, one was filed by the candidate of the PDP, Mohammed Ashiru Isa, marked SC/CV/1240/2023.
Justice Tijjani Abubakar authored and read the lead judgment on the appeal by Adebutu.
Justice Abubakar first upheld the notice of preliminary objection filed by INEC and struck out issue four formulated by the appellants—Adebutu and the PDP – on the grounds that it was incompetent.
The judge said that, having analysed the other issues raised by the appellants and their supporting arguments, he found that there was nothing substantial to sustain the appeal.
Justice Abubakar held that Adebutu and his party failed to prove their case.
He resolved all the issues raised for determination against the appellants, held that the appeal was unmeritorious, and proceeded to dismiss it.
Justice Abubakar affirmed the majority decision of the Court of Appeal, delivered on November 24, 2023, which upheld Abiodun’s election.
He said, as agreed by lawyers to parties, the judgment in the appeal by Adebutu shall apply to the cross-appeal by Abiodun.
Justice John Okoro, who read the lead judgment on the appeal by Omo-Agege and his party, held that the appellants were unable to prove that the election was invalid by non-compliance.
Justice Okoro found that even if the over 300 ballots disputed by the appellants were deducted from the majority votes scored by Oborevwori, the margin of deference would not be substantially affected.
Justice Okoro held that the appellants failed to discharge the burden of proof placed on them by the law.
He proceeded to dismiss the appeal and upheld the concurrent judgments of the election tribunal and the Court of Appeal.
On the appeal by Gbagi, Justice Mohammed Lawal Garba held that the SDP flag bearer and his party failed to prove their claim that the election was conducted without substantial compliance with the relevant laws and that Oborevwori was not qualified to contest the last governorship election in Delta State.
Justice Garba resolved all the issues raised for determination against the appellants and held that the appeal was without merit.
On the appeal by Pela, Justice Uwani Abba-Aji wondered why the appellants, who scored only 48,047 votes, wanted the court to disqualify all the other candidates in the election for them to be declared the winners.
Justice Abba-Aji resolved all six issues identified for determination against the appellants and declared the appeal unmeritorious.
She held that the appellants failed to prove their case as required and proceeded to dismiss it for lacking in merit
On the appeals by Ombugadu and the PDP, Justice Kudirat Kekere-Ekun, who read the lead judgment, found that the appellants failed to establish their claims with credible evidence.
Justice Kekere-Ekun said the decision of the Court of Appeal, affirming Sule’s election, was unassailable and could not be faulted.
She held that the appeals lacked merit and proceeded to dismiss them.
It was only one of the appeals that the court heard. It said its ruling on that one applied to the ones not heard.
In upholding the Gombe Governor’s election, Justice Kekere-Ekun, in the lead judgment, declared that the appellants failed to show that the concurrent findings of the election tribunal and the Court of Appeal were perverse.
She further held that there was no merit in the appeal by Barde and dismissed it.
Justice Abba-Aji, in her lead judgment on the Kebbi case, dismissed the appeal by Bande Aminu, who was the candidate of the PDP in the last governorship election in the state.
She found the appellants failed to prove their case and proceeded to hold that the appeal was without merit.
Justice Abubakar, who authored and read the lead judgment in the Kaduna PDP appeal, held that the appeal by the party and its candidate was without merit.
The judge found that the appellants, as petitioners before the election tribunal, failed to comply with the provision of Paragraph 18(1) and (3) of the First Schedule to the Electoral Act 2022 in relation to the filing of pre-hearing notice at the tribunal.
This, the court said, made the tribunal hold that their petition was abandoned.