28th February, 2012
The Supreme Court in two separate decisions Tuesday, upheld the victory of Governor Babangida Aliyu of Niger state and Rabiu Musa Kwankwaso of Kano state both of the Peoples Democratic Party PDP.
While delivering the lead judgment in the Niger state governorship election appeal, Justice Mary Odili held that the appellant failed to show the court that the Independent National Electoral Commission, INEC, did not produce the materials requested to be used as evidence.
The court further held that it was not its duty to compel INEC to obey the order, adding that the lower courts were right in arriving at their decision, stating that the appelants should have taken action on the disobedience of INEC but rather brought up the issue at the final address.
The court held that the appellant is not qualified to be given the reliefs they seek as the entitlement did not come into operation.
“The tribunal and the Court of Appeal are within their power to give judgment the way they did. In conclusion, the issues are resolved in favour of the respondent and I make no order as to cost”.
In the Kano judgment, the court held that the appellant only alleged corrupt practices and substantial non compliance with the Electoral Act but did not go ahead to prove this beyond reasonable doubt.
The apex court maintained that the appellant reacted to only one out of the objections raised by the respondent.
“Having read all the issues raised by the appellant, I found that it lacks merit and it is hereby dismissed.”
The Niger state governorship election petition tribunal had upheld the victory of Aliyu but the Congress for Progressive Change, CPC, had approached the Court of Appeal to challenge the decision.
The appellate court also upheld the decision of the tribunal.
The All Nigeria Peoples Party in Kano had challenged the victory of Kwankwaso at the tribunal but the tribunal ruled in favour of the governor.
Not satisfied, the party headed for the Court of Appeal to challenge the decision of the tribunal but the court also upheld the governor’s victory.
Reacting to the judgement, Governor Kwankwaso commended the apex court for the thorough and impartial work it did and noted that the judgment has further boosted the hope of the common man in the judicial system of the nation.
He also solicited for the co-operation of the people so as to move the state forward.
By Nnamdi Felix / Abuja