Appeal court affirms Ogun, Kaduna, Akwa Ibom Govs’ elections

The Court of Appeal in Abuja and Lagos on Friday declared the March 18th Governorship election in Kaduna, Ogun and Kaduna states as conclusive and affirmed Uba Sani, Dapo Abiodun and Eno as the lawful winners of the polls.

In Kaduna, the Appellate Court in a judgment reversed the declaration of the election as inconclusive by the Kaduna State Governorship Election Tribunal in its judgment of September 28 2023

Justice Obietonbara Owupele Daniel-Kalio who read judgments of the Court of Appeal on the main cross appeal, also reversed the order of the Tribunal on the Independent National Electoral Commission INEC to conduct supplementary elections in 22 polling units in four Local Government Areas of the state.

In the same vein, the Court of appeal, the court of Appeal sitting in Lagos in a split decision has affirmed the re-election of Dapo Abiodun of the All Progressives’ Congress in the March 18 governorship election.

The majority Judgment delivered by Justice Joseph Shagbaor Ikyegh dismissed the Appeal filed by the People’s Democratic Party (PDP) candidate in the 2023 gubernatorial election, Ladi Adebutu.

But, the minority judgment delivered by Justice Jane Inyang, allowed the appeal and ordered the Independent National Electoral Commission INEC to conduct fresh election within 90 days.

Justice Hamidu Kunaza of the lower court had on September 30 dismissed the petition filed by the PDP and mr Adebutu for lacking in merit.

The tribunal held that the petitioners failed to prove allegations of over voting, rigging and non compliance in the election.

Not satisfied with the judgment, Mr Adebutu and his party had approached the Court of Appeal to challenge the tribunal’s ruling.

The court held that the appeal lacked merit as it found no substance in it and subsequently dismissed it, affirming the earlier decision of the Tribunal without costs.

In the majority Judgment, the court of appeal held that it is a petitioner who bears the responsibility to prove that an election was marred by corrupt practices and that Appellants did not so prove.

The Court held further that the Appellants did not prove the allegation of certificate forgery against Governor Abiodun and noted that the Tribunal did not believe the evidence of certain witnesses because of their demeanours and because of the chorused nature of their testimony.

It Maintained that appellate courts generally do not interfere with such assessments, and that the assessment of the Tribunal is undisturbed.

On the issue of disenfranchisement raised by the appellant, the court held that it was the duty of the Appellants to prove same by calling voters who could vote but were disenfranchised, adding that in this petition rather, the Appellants did not call any such voter.

Similarly, the court of appeal sitting in Lagos state has dismissed the petitions filed by the candidate of the All Progressives Congress, governorship candidate, Ovie Omo-Agege challenging the victory of Delta state governor Sherifff Oborevwori in the March 18 governorship election for lacking merit.

The court of appeal upheld the decisions of the tribunal affirming the victory of governor sherifff Oborevwori

Also in Lagos, the appellate court dismissed appeals of the Young Progressives People’s Party, ANPP and APC’s candidates and affirmed the governorship election of Umo Eno of the PDP as duly elected governor of Akwa Ibom state.