6th March, 2012
The Supreme Court this morning affirmed the election of Governor Martins Elechi of Ebonyi State, Abdulfatah Ahmed of Kwara and Umaru Tanko Almakura, Nasarawa State.
In the case of Governor Elechi, the Supreme Court dismissed the appeal filed by Senator Julius Otha of the All Nigeria Peoples Party, ANPP, challenging the election of the governor.
The court held that Senator Otha failed to prove his allegation that the election did not comply with the provisions of the Electoral Act.
Otha had alleged that there were electoral malpractices in 171 electoral wards and 1787 polling units in the state.
He also alleged that there was substantial noncompliance in 531 polling units.
He, however, according to the court, failed to discharge the burden of proof as he was not able to show in specific terms and figures that the noncompliance was substantial to affect the result of the poll.
Subsequently, the appeal was dismissed but no order was made as to cost.
Similarly, the apex court in dismissing the appeal filed by the Action Congress of Nigeria, ACN, and Mohammed Belgore in the Kwara State governorship election, , the court held that the noncompliance which the ACN candidate prayed, did not substantially affect the result of the election.
In the case of Nasarawa State, the Peoples Democratic Party, PDP, candidate Alhaji Akwe Doma alleged that the election was not conducted freely and fairly in nine wards of the state and that Governor Almakura emerged as the winner of that election due to over voting and illegal thumb printing of ballot papers.
But the apex court held that the former governor was not able to substantiate his allegations. The court also held that the refusal of INEC to include the result of the nine wards where there were disruptions during the election was proper.
Consequently, the Supreme Court resolved the issues raised in the appeal in favour of Governor Almakura.
—Felix Nnamdi/Abuja