Guber Cases: Supreme Court rights all wrongs of Appeal Court

Restores Kano and Plateau Governors, rejects dismissal of six others • Criticizes Appeal Court for “chaotic” rulings • Cautions that irresponsible judgments could undermine the credibility of the judiciary Sanwo-Olu, Yusuf, Mutfwang, Mohammed, Lawal, Nwifuru, Otti, Otu emerge victorious

On Friday, eight Governors experienced a respite as the Supreme Court, during an extensive seven-hour judgment session, upheld their election victories. The marathon judgment addressed various appeals related to the governorship elections held on March 18, 2023, in different states.

Among the notable beneficiaries were Kano and Plateau states’ Governors, Abba Yusuf of the New Nigeria Peoples Party (NNPP) and Caleb Muftwang of the Peoples Democratic Party (PDP), respectively. The Court of Appeal had nullified their elections, but the Supreme Court reversed this decision.

In an unprecedented move, eight Supreme Court Justices participated in deciding the cases, each handled by a five-member panel. The first case settled was the Lagos State governorship dispute.

The Supreme Court unanimously validated the re-election of Governor Babajide Sanwo-Olu, an All Progressives Congress (APC) candidate, dismissing appeals from the Labour Party (LP) and Peoples Democratic Party (PDP) candidates. The LP candidates raised concerns about Sanwo-Olu’s eligibility, citing his deputy’s alleged dual citizenship. However, the Supreme Court found no evidence that the deputy governor had renounced Nigerian citizenship, affirming their eligibility to contest.

Similarly, the Supreme Court dismissed the PDP candidate’s appeal, citing statute-barred issues and jurisdictional limitations of the trial tribunal. The LP and PDP appellants claimed unfair hearing and presented allegations of a forged certificate, but the court deemed these claims as baseless disputes.

Following the Lagos case, the Supreme Court upheld the election of Governor Bala Mohammed of Bauchi State, dismissing the APC’s appeal challenging the gubernatorial election outcome. The APC alleged non-compliance with the Electoral Act 2022, but the court found no merit in their arguments and upheld the lower courts’ decisions.

In the Kano governorship dispute, the Supreme Court reversed the decision that removed Governor Yusuf of the NNPP. The court held that the lower courts incorrectly deducted valid votes from Yusuf, emphasizing that ballot papers issued by INEC with official marks were valid documents, even if lacking a date.

In summary, the Supreme Court’s marathon judgments affirmed the election victories of these governors, settling contentious issues and providing a legal respite.

Furthermore, the court determined that there was no proof implicating Governor Yusuf in influencing the non-signing of the mentioned ballot papers. Additionally, it criticized the lower courts for annulling Yusuf’s election based on the argument that he was not a member of the NNPP.

The court emphasized that the sponsorship of a candidate in an election falls within the internal affairs of a political party, immune from judicial interference. It affirmed that Yusuf rightfully won the governorship election with a majority of legitimate votes and was validly nominated by his political party.

Recall that the tribunal, led by Justice Oluyemi Akintan-Osadebay, had invalidated some ballot papers crucial in declaring Yusuf the winner, citing a lack of signatures or stamps by the INEC. Subsequently, 165,663 votes attributed to the NNPP candidate were declared invalid.

After deducting these invalid votes, Yusuf’s initially declared victory with 1,019,602 votes was adjusted to 853,939 votes. Consequently, his opponent from the APC, Ganuwa, emerged as the election winner with 890,705 votes.

Governor Yusuf contested the decision at the Court of Appeal, which, on November 17, upheld the tribunal’s ruling and imposed a N1 million cost on him. Before concluding its judgment, the Supreme Court criticized both lower courts for overstepping their jurisdiction and creating tension in Kano state.

The apex court also reprimanded the appellate court for a clerical error in its judgment, emphasizing the need for judges to be meticulous in their duties to prevent such mistakes.

In the Zamfara state gubernatorial dispute, the Supreme Court affirmed that Governor Dauda Lawal of the PDP rightfully won the contest. It overturned the November 16, 2023, judgment of the Abuja Division of the Court of Appeal, which had declared the election inconclusive.

The court found that Lawal secured the majority of lawful votes and criticized the appellate court’s decision as “perverse.” It reinstated the earlier ruling of the Zamfara State Governorship Election Petitions Tribunal, affirming Lawal’s victory over Bello Matawalle, the APC candidate and current Minister of State for Defence.

INEC had initially declared Lawal the winner with 377,726 votes, defeating Matawalle, who secured 311,976 votes. The tribunal, on September 18, 2023, upheld INEC’s declaration, dismissing Matawalle’s claim that certain polling unit results were excluded.

The tribunal concluded that Matawalle and his party failed to substantiate their claim that INEC violated electoral regulations during the election. It imposed a cost of N500,000 against the appellants.

However, the appellate court overturned the tribunal’s decision, deeming the Zamfara state governorship election inconclusive. It instructed INEC to conduct a new election in three Local Government Areas (LGAs) where results were not counted or were unlawfully canceled. The entire Maradun LGA and specific polling units in Birnin-Magaji and Bukyum LGAs were designated for fresh polls.

The appellate court criticized the tribunal’s assessment of presented evidence, asserting that INEC erred in relying on its IReV portal for collating the final election results. The court emphasized that the IReV was intended for public information, not as an election result collation platform.

Moreover, the appellate court highlighted INEC’s misjudgment in making a return in the election based on the margin of lead principle, considering the substantial 98,904 votes in the three affected LGAs. It held that Matawalle successfully demonstrated the legal burden required to invalidate the declaration of governor Lawal as the rightful winner.

The Supreme Court, however, on Friday, overturned the Court of Appeal’s decision, deeming it perverse and against the weight of evidence.

In another case involving Ebonyi state, the Supreme Court upheld Governor Francis Nwifuru’s election victory. The court dismissed appeals by the PDP’s Chief Ifeanyi Odii and APGA’s Prof. Benard Odoh, considering them “patently unmeritorious.”

INEC had declared Nwifuru the winner with 199,131 votes across 13 LGAs, defeating his closest rival from the PDP. Both PDP and APGA candidates challenged the outcome, alleging certificate forgery, election irregularities, and Nwifuru’s alleged ineligibility. The petitioners sought Nwifuru’s disqualification and prayed for the nullification of the election, advocating for fresh polls.

On September 27, 2023, the tribunal dismissed all petitions, deeming them lacking in merit. The tribunal asserted that the petitioners failed to substantiate their claims that the APC candidate did not secure the majority of lawful votes in the election. It maintained that the petitioners lacked the standing to challenge the APC’s nomination of Governor Nwifuru for the election and that they failed to provide evidence for alleged infractions at specific polling units.

The Court of Appeal subsequently upheld the tribunal’s judgment, leading to the dismissal of appeals by the Supreme Court. According to the Court of Appeal, only PDP members who participated in its primary election, under section 84(18) of the Electoral Act 2022, could challenge the election outcome in court. The APC, it ruled, had no right to contest the nomination made by another political party, labeling the entire case as an abuse of the court process.

The Supreme Court emphasized the need for the legal profession to avoid rendering itself irrelevant in the eyes of the public due to judgments like those from the Court of Appeal. Justice Agim warned that such decisions could undermine the credibility of the legal system.

Recalling the appellate court’s judgment on November 19, it declared Governor Mutfwang’s nomination by the PDP invalid, considering all votes credited to him as wasted. The court directed INEC to withdraw the Certificate of Return issued to Mutfwang and issue a new one to the APC candidate, Goshwe, who garnered the second-highest lawful votes.

In Abia State, the Supreme Court upheld Governor Alex Otti’s valid election, dismissing appeals that sought to nullify his victory. Justice Uwani Abba-Aji, delivering the lead judgment, declared that the appeals lacked merit. The court emphasized that Otti’s party affiliation, as per section 177(c) of the 1999 Constitution, was crucial, as he was nominated and sponsored by a political party, the LP. The court affirmed the findings of the Abia State Governorship Election Petitions Tribunal and the Court of Appeal in upholding Otti’s election.

The court dismissed the argument that Otti’s name was absent from the membership list, a requirement for the LP to submit to INEC 30 days before its gubernatorial primary election. The Supreme Court asserted that even if Otti’s name was not on the list, the PDP and its candidate lacked standing to contest, deeming it “crying more than the bereaved.” It emphasized that matters concerning candidate nomination were internal affairs, barred from judicial interference.

The court deemed the appeals as vexatious, particularly Emenike’s appeal for victory with only 24,000 votes, stating it belonged on a comedy stage. INEC declared Otti the winner with 175,466 votes against Ahiwe’s 88,529. Both Ahiwe and Emenike challenged Otti’s election, arguing he wasn’t validly elected and challenging his eligibility. The tribunal and appellate court dismissed the petitions, a decision upheld by the Supreme Court.

The last case involved the Cross River State governorship election, favoring Governor Bassey Otu of the APC. The Supreme Court dismissed the PDP’s appeal against Otu’s victory, stating it lacked merit and was a waste of judicial time. The court emphasized the appellants failed to prove their claim that Otu lacked the required educational qualifications. Otu had polled 258,619 votes against Onor’s 179,636. The PDP filed a petition alleging discrepancies in Otu’s submitted certificates, but the tribunal and the Court of Appeal upheld Otu’s victory.

The Supreme Court questioned why the appellants claimed Otu, a university graduate and former member of the House of Representatives and Senator, was unqualified. Heavy security was present at the court, restricting access to lawyers and accredited journalists only. Notable governors attended the proceedings, including those from Bauchi, Kano, Plateau, and Zamfara states.