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The Court of Appeal sitting in Abuja has affirmed the election of Uba Sani of the All Progressives Congress (APC) as the governor of Kaduna State.
Delivering the judgment on Friday, a three-member panel of the appellate court held that the tribunal acted in error when it depended on inadmissible evidence to order the conduct of supplementary polls in 22 polling units of four local government areas (LGAs) where the exercise was deemed inconclusive.
The court stated that a key witness called by the Peoples Democratic Party (PDP) during the tribunal hearing merely gave hearsay evidence as he was not present when the malpractices he alleged happened.
The appeal court held that the allegations of deduction of votes, stuffing of ballot boxes, and mutilation of sensitive electoral materials made by the said witness were born out of hearsay.
The court also held that the tribunal was right in dismissing the petition of the PDP and Isa Ashiru because the petitioners had abandoned their petition for their failure to apply for the issuance of a pre-hearing information sheet after close of pleadings as required by paragraph 18(1) of the first schedule to the Electoral Act 2022.
In a related development, The Court of Appeal also affirmed the election of Sheriff Oborevwori, the candidate of the Peoples Democratic Party (PDP) in the Delta State governorship poll which was held on March 18.
The judgment was delivered on Friday, nearly two months after the Delta State Governorship Election Petition Tribunal upheld Oborevwori’s election.
The three-member tribunal headed by Justice C.H. Ahuchaogu dismissed the petition filed by former Deputy President of the Senate, Ovie Omo-Agege of the All Progressive Congress (APC).
The tribunal held that the petition contained unsubstantiated allegations, noting that it was devoid of merit and speculative.
In another development, the Court of Appeal, Lagos Division, on Friday, affirmed the election of Francis Nwifuru as the duly elected governor of Ebonyi State in the March 18 governorship election.
The three-member panel presided over by Justice Jummai Sankey, in its unanimous decision, dismissed the appeal filed by Chukwuma Odii of the Peoples Democratic Party.
The panel also resolved all the five issues raised against the appellant and dismissed the appeal for lacking in merit.
Justice Sankey, in her lead judgment, held that the PDP and its candidate lacked the legal right to meddle in the internal affairs of the All Progressives Congress as it relates to the nomination of candidates.
On the Ogun State election, the Lagos Division of the Court of Appeal, in a split judgement, upheld the victory of Dapo Abiodun, the Ogun State Governor, in the March 18 governorship election.
The Independent National Electoral Commission (INEC) had declared Abiodun of the All Progressives Congress (APC) winner of the election after scoring 276,298 votes ahead of Ladi Adebutu of the People Democratic Party (PDP) with 262,383 votes.
Ladi Adebutu, the candidate of the Peoples Democratic Party, PDP, had challenged the decision of the Ogun State Election Petition Tribunal which upheld the victory of Dapo Abiodun in the election.
The majority judgment delivered by Justice Joseph Shagbaor Ikyegh dismissed the appeal filed by the appelant amd his party.
However, the minority judgment delivered by Justice Jane Esienanwan Inyang allowed the appeal and ordered the Independent National Electoral Commission INEC to conduct a fresh election within 90 days.
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