Update: Supreme Court up holds Okowa, Ikpeazu, Bello’s elections

The Supreme Court on Wednesday upheld the elections of Govs Ifeanyi Okowa of Delta state, Gov Okezie Ikpeazu of Abia state , Gov Ishaku Darius of Taraba state and Gov Sani Bello of Niger state.

In separate judgment delivered on Wednesday the apex Court held that there was no merit in the appeals challenging their elections conducted on March 9, 2019.

A seven man panel of justices headed by Justice Bode Rhodes-Vivour, on Wednesday heard the appeals which arose from the decisions of Court of Appeal.

While Great Ogboru and his party the All Progressive Congress (APC) had sought for the nullification of the election of Okowa as Governor of Delta State, they had prayed the court to upturn the lower court decision on the grounds of alleged irregularities and substantial non compliance with electoral provisions, the APC is also calling for a fresh election in Taraba State over the non participation of its candidate in the election that produced Ishaku.

Yunus Usman (SAN) in arguing the case of the appellants claimed that votes cast at the March 9 governorship election that produced Okowa far exceeded the total number of accredited voters.

However, in his own argument, Okowa’s lead counsel, Damian Dodo (SAN ) urged the court to dismiss the appeal for being incompetent and unmeritorious on the grounds that the petitioners failed to prove their allegations both at the tribunal and at the Court of Appeal.

Similarly, second respondent’s lawyer, Akinlolu Kehinde (SAN), aligned himself with the submissions of Dodo that the appellants failed to prove their petition.

Kehinde informed the court that out of the 897 polling units in the state, the appellants only called five witnesses from 5 polling unit agents, adding that the petitioners did not state the figures they alleged was allocated to the first respondent.

“More damning to the case of the petitioners is the fact that no single voter register was tendered or demonstrated at the tribunal. The alleged smart card reader report which they relied on was destroyed at the tribunal”, Kehinde added.

Also counsel to INEC, John Baiyeshea (SAN) in urging the court to dismiss the appeal stated that the case of the appellants lacked merit because he only won in two out of the 25 Local Government Areas of the State where election took place.

He said that allegations of over voting was made by the petitioner lawyer and they were never proved at the tribunal .He urged the apex court to affirm the concurrent decisions of the tribunal and the court of Appeal and dismiss the appeal.

In Taraba state governorship case, Chief Kanu Agabi (SAN)and other respondents urged the court to dismiss the APC’s appeal for being incompetent and lacking in merit.

According to the respondents the case of the appellants has become academic following the withdrawal of their Governorship candidate Abubakar Danladi from the petition.

They argued that the appeal borders on alteration of parties in the suit

However, counsel to the APC, Ishiaka Dikko while admitting that the party’s candidate was disqualified from the election said that the second runner up ought to have been allowed to contest the election.

He prayed the apex court to nullify Ishiaku’s election on alleged irregularities and order a fresh election in the state.

The apex court after taking submissions of counsel in the two different appeals announced 2 pm for delivery of its judgment in the two appeals.

The also this morning reserved judgment till 2pm on the appeal filed by candidate of the All Progressive Grand Alliance (APGA), Alex Otti against the Abia state Governor Okezie Ikpeazu.

The seven man panel of the apex court presided over by Justice Bode Rhodes-Vivour announced the time shortly after lawyers representing parties in the appeal with number SC 1465/2019.

Otti and his party, APGA had approached the apex court to set aside the judgment of the Court of Appeal which upheld the election of Governor Ikpeazu.

Read Also: You Cannot Speak For Kano People, Ganduje Tells Tofa In Court

The appellants in their appeal argued by their lawyer, Prince Lateef Fagbemi SAN, prayed the apex court to nullify the election of Ikpeazu on grounds of alleged over-voting and non compliance with the electoral laws.

Fagbemi in adopting his brief of argument urged the court to allow the appeal and set aside the judgment of the lower court and declare Otti as lawful winner of the March 9 governorship election in Abia State or in the alternative order a fresh election.

In their separate replies the respondents urged the court to dismiss the appeal for lacking in merit.

While counsel to the Independent National Electoral Commission (INEC) adopted his brief of argument in urging the apex court to dismiss the appeal, counsel to Ikpeazu and the Peoples Democratic Party (PDP), Chief Wole Olanipekun SAN and Dr levy Uzoukwu SAN respectively told the court that the case of the appeallants lacked merit because it was hinged on alleged over-voting occasioned by non use of the card reader which the apex court has held that it cannot dethrone the manual accreditation of voters.