In a significant turn of events, the Court of Appeal in Abuja has ruled to affirm the victory of Nasarawa State Governor, Abdullahi Sule, overturning the decision of the state election petition tribunal.
The Independent National Electoral Commission had initially declared Sule of the All Progressives Congress as the winner, with David Ombugadu of the Peoples Democratic Party securing the second position.
The tribunal, led by Justice Ezekiel Ajayi, had delivered a split judgment, contending that evidence from various polling units indicated Ombugadu had the majority of valid votes. Governor Sule promptly appealed the decision, urging the appellate court to set it aside.
In the recent judgment, the Court of Appeal, led by Justice Uchechukwu Onuemenam, took a critical stance on procedural irregularities. Notably, the court expunged evidence and exhibits from specific witnesses (PWs 5, 6, 7, 8, 12, 13, 20, and 21) on the grounds that their statements were not front-loaded.
Justice Onuemenam highlighted legal provisions, including Section 285(5) of the 1999 Constitution, Section 132(7) of the Electoral Act 2022, and Paragraphs 4(5), (6), and 14(2) of the First Schedule to the Electoral Act. These state that written statements on oath must be filed within a specified timeframe, a requirement the tribunal’s decision failed to meet.
The court criticized the tribunal for deducting 1,868 votes from Governor Sule’s count, questioning the lack of adequate proof for the over-voting allegation in four polling units. According to Justice Onuemenam, a party alleging over-voting must provide voter registers, BVAS machines, and Form EC8, which the petitioners failed to do.
Furthermore, the appellate court found fault with the tribunal’s summary dismissal of evidence and testimonies presented by witnesses called by Governor Sule (RW 1 to 22). Justice Onuemenam deemed this action “perverse” and emphasized the tribunal’s failure to provide reasons for its findings.
In a decisive conclusion, the Court of Appeal declared the appeal meritorious and allowed it, dismissing the tribunal’s judgment. The majority order of the tribunal, which had declared the PDP candidate as the winner, was set aside.
This ruling marks a pivotal moment in Nasarawa’s political landscape, solidifying Abdullahi Sule’s position as the duly elected governor.