The Court of Appeal, sitting in Abuja on Friday, dismissed an appeal by the governorship candidate of the Peoples Democratic Party (PDP) in Kebbi State, Gen. Aminu Bande (Rtd), against the election of Governor Nasir Idris and his Deputy, Abubakar Umar Tafida of the All Progressives Congress (APC) in the March 28 governorship election held in the state.
The three-member panel of Justices of the court held that the Kebbi State Governorship Election Petition Tribunal was right to have dismissed the petition of the PDP and its governorship candidate as they were not able to substantiate the allegations contained in their petition.
The court held that there are no grounds in the appellant’s notice of appeal that attack the lower Tribunal’s findings.
Justice Uzor Ndukwe Anyanwu, who delivered the unanimous judgment of the panel, held that the appellant failed to substantiate his allegation of overvoting in the election.
Justice Anyanwu held that the allegations of forgery of testimonials brought against the State’s Deputy Governor were not established as required by law.
She also held that the issues of non-compliance with the provisions of the Electoral Act in the conduct of the election could not stand because the appellants failed to prove how the allegations substantially affected the election.
According to the court, even if the appellant could substantiate the allegation of overvoting, the difference cannot affect the outcome of the election substantially to warrant the cancellation of the election.
“From whatever angle the overvoting allegation of the appellant is viewed from, the appellant is bound to fail. Issue four is resolved against the appellant.
“The Tribunal was right to have dismissed the petition of the appellant. This appeal is bereft of merit and is accordingly dismissed,” Justice Anyanwu held and subsequently affirmed the judgment of the trial Tribunal, which had earlier dismissed the petition of the PDP and its governorship candidate and affirmed the election of the governor.
Justices Ekanem and Justice Binta, who are members of the panel, agreed with the lead judgment delivered by Justice Anyanwu.
It would be recalled that the Tribunal which sat in Birnin Kebbi had, in a judgment, affirmed the election of Nasiru Idris as the duly elected governor of Kebbi State.
In its ruling, the tribunal dismissed the petition filed by the PDP challenging the victory of the candidate of the APC, Idris, and his deputy, describing the petitioner’s petition as lacking in merit.
The three men panel of the Tribunal led by Justice Ofem Ofem, with Justices Celestina Dafe and Daurabo Suleiman as members, had, in their unanimous judgment, held that it was clear that the Governor and his Deputy did not forge their school certificates and the APC did not manipulate the election as claimed by the PDP.
“We have carefully examined the exhibits and agreed that there was no overvoting and forged certificates as claimed by the petitioners. They could not substantiate their evidence, and it failed woefully.
“I hereby uphold the election of the first and second respondents as duly elected Governor and Deputy Governor of Kebbi State,” the Tribunal held.
