The Appeal Court in Abuja on Thursday set aside the 2 October 2023 judgement of the Nasarawa State Election Petitions Tribunal that sacked the All Progressives Congress’ ( APC) Governor Abdullahi Sule and declared Mr. David Ombugadu, candidate of the Peoples Democratic Party (PDP) winner of the governorship election. The panel of the appellate court
The Appeal Court in Abuja on Thursday set aside the 2 October 2023 judgement of the Nasarawa State Election Petitions Tribunal that sacked the All Progressives Congress’ ( APC) Governor Abdullahi Sule and declared Mr. David Ombugadu, candidate of the Peoples Democratic Party (PDP) winner of the governorship election.
The panel of the appellate court in a unanimous decision led by Justice Uchechukwu Onyemenam said Mr Ombugadu failed to prove his allegation of over-voting levelled against Governor Sule.
Justice Onyemenam said the Nasarawa State Election Petition Tribunal was wrong to have concluded that Governor Sule did not score majority of the valid votes cast in the election. The justice dismissed the lower court’s majority decision, but upheld the dissenting judgment.
The three-member panel held that the tribunal erred in law in concluding that Governor Sule did not win majority of the votes cast in the election.
It also held that the Tribunal erred by not considering the issue of jurisdiction raised by Governor Sule.
According to the justices of the Appeal Court, the issue of jurisdiction was very fundamental and the failure by the Tribunal to brush it aside rendered its verdict voidable, and the verdict arising from the defective proceeding could not stand.
At the tribunal, Mr Ombugadu had challenged the election outcome arguing that he won majority of valid votes during the contest.
The Independent National Electoral Commission (INEC) declared Governor Sule winner of the election having garnered a total of 347,209 votes to beat his closest challenger, Mr Ombugadu, who scored 283,016 votes.
A three-member tribunal led by Justice Ezekiel Ajayi in a split judgement of two to one, declared Mr Ombugadu the validly elected governor of Nasarawa State.
Justice Ajayi held that the petitioner, Mr Ombugadu , tendered the results of the various polling stations and forms EC 8A and substantiated his claim that election results were manipulated in favour of Governor Sule.
Another member of the tribunal, Justice Chiemelie Onaga, concurred with the lead judgement read by Justice Ajayi.
But in a dissenting judgement, Justice Ibrahim Mashi, the third member of the tribunal dismissed Mr Ombugadu’s petition for lacking in merit.
