The Court of Appeal in Abuja made a pivotal decision, overturning the prior nullification of Governor Abdullahi Sule’s election in Nasarawa State. The three-member panel of justices unanimously voided the Nasarawa State Governorship Election Petition Tribunal’s verdict, which had removed Governor Sule from office under the All Progressives Congress (APC).
Justice Uchechukwu Onuemenam, delivering the lead verdict, highlighted that the tribunal’s reliance on legally inadmissible evidence to declare the Peoples Democratic Party (PDP) candidate, David Ombugadu, as the election winner was unjustifiable. The court emphasized the procedural violation of filing written statements on oath alongside the petition, as mandated by constitutional and electoral laws.
Legal Rulings and Evidence Handling: Appellate Court’s Stance
The appellate court’s decision was rooted in legal procedures and constitutional provisions. It emphasized the need for admissible evidence in any court proceedings and criticized the tribunal’s admission of statements not properly included with the petition.
The court stressed the statutory requirement for timely submission of evidence and underscored the duty of the appellate court to exclude unlawfully allowed documents, as it did in this case by striking out evidence from eight witnesses. Moreover, it highlighted the inadequacy of evidence presented by the PDP candidate, noting that the remaining twelve witnesses’ testimony was insufficient to support the tribunal’s judgment.
Errors in Vote Deductions and Over-Voting Allegations
The Court of Appeal further highlighted critical errors in the tribunal’s deductions of 1,868 votes from Governor Sule’s count, citing lack of substantial evidence to prove over-voting in the specified polling units. It criticized the absence of crucial documents and demonstrations to substantiate the alleged over-voting and faulted the tribunal for dismissing APC witnesses’ evidence arbitrarily.
The court found fault in the tribunal’s re-computation of votes that led to the declaration of the PDP candidate as the election winner, ultimately deeming the tribunal’s actions erroneous and unjust.
Conclusive Verdict: Merit of the Appeal and Tribunal’s Majority Judgment
The appellate court concluded that the appeal held merit and successfully dismissed the majority judgment delivered by the tribunal on October 2. Consequently, the court vacated the order that directed the withdrawal of Governor Sule’s Certificate of Return by the Independent National Electoral Commission (INEC), thereby upholding Governor Abdullahi Sule‘s position as the legitimate winner of the Nasarawa State governorship contest.
Implications of Reversing Abdullahi Sule’s Removal and Future Proceedings
The reverting of Governor Sule’s removal from office holds significant implications for Nasarawa State‘s political landscape. With the legal resolution provided by the Court of Appeal, the focus now shifts to governance and the potential impact on future electoral processes. This decision sets a precedent emphasizing the adherence to strict legal procedures and the requisite standard of evidence in electoral disputes, potentially influencing forthcoming election tribunals across the country.
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