ABUJA —The Court of Appeal sitting in Abuja has reversed the
judgement of the Taraba State Governorship Election
Petition Tribunal which sacked governor Darius Ishaku of the People Democratic Party, PDP. In a unanimous judgment this afternoon, the appellate court panel headed by Justice Justice Abdul Aboky, held that the tribunal acted outside its jurisdiction when it invalidated Ishaku’s election on the premise that he was not validly nominated by the PDP.
Petition Tribunal which sacked governor Darius Ishaku of the People Democratic Party, PDP. In a unanimous judgment this afternoon, the appellate court panel headed by Justice Justice Abdul Aboky, held that the tribunal acted outside its jurisdiction when it invalidated Ishaku’s election on the premise that he was not validly nominated by the PDP.
The
appellate court maintained that the issue of nomination of a candidate
by a political party “is clearly a pre-election matter which no tribunal
has the jurisdiction to entertain”. It stressed that neither the All
Progressives Congress, APC, nor its candidate, Senator Aisha Jumai
Alhassan, had the locus-standi to query the outcome of the governorship
primary election of the PDP.
“There is no dispute whatsoever in this case that the 1st and 2nd
respondents have not said that the appellant is not a member of a
political party. From the pleadings and facts, it is obvious that the
appellant is a member of the PDP”. The court held that under section
87(9) of the Electoral Act, only those that participated in the said PDP
primary election has the right to challenge its outcome at the Federal
High Court or State High Court.
“The right to complain is severely limited to participants in the
primary election. Whether the primary election was done rightly or
wrongly cannot be subject of an election petition. “The most important
question to be asked here is, was the appellant a member of a political
party or sponsored by a party to participate at the election?
“All evidence before the tribunal pointed to the fact that the
appellant was duly sponsored by the PDP and INEC duly received his
nomination. INEC did not at any time queried his eligibility to
participate in the election. “Both oral and documentary evidence before
the tribunal clearly showed that the appellate was a member of the PDP
and was validly sponsored.
“I hold that the 1st and 2nd respondents have no right to challenge
the primary election at which the appellant emerged as none of them is a
member of the PDP. “Nomination of a candidate to participate in an
election is the sole responsibility of a political party. Issue of
nomination of candidate is within the domestic affair of a political
party”, the court added.
Besides, the court held that the tribunal “grossly misdirected
itself”, when it not only nullified governor Ishaku’s election, but went
ahead to declare the candidate of the APC, Alhassan, winner. “There is
no basis for the finding of the lower tribunal”, Justice Aboky held,
saying the tribunal had no power whatsoever to declare a person that
came second at an election as the winner.
It said the best the tribunal could have done under section 142 of
the constitution was to order for a fresh poll. “The judgement of the
lower tribunal is hereby set aside. We are of the view that the
appellant’s appeal is meritorious and is hereby allowed. “I hereby make
the following consequential orders. The order of the tribunal made
on November 7 is hereby set-aside. The election and return of the
appellant in theApril 11 election is hereby upheld.
“The Certificate of Return issued to the appellant by the 4th
respondent in this matter remains valid. I make no order as to cost”,
the court held. It will be recalled that the Justice Musa Danladi
Abubakar led Tribunal had on November 7, declared Senator Alhassan of
the APC as the bona-fide winner of the April 11 governorship poll in
the state.
The three-man panel tribunal which conducted its sitting in Abuja,
said it was satisfied that governor Ishaku was not validly nominated by
the PDP to contest the election.
The tribunal said there was overwhelming evidence that the PDP in
Taraba State, sidelined the provisions of the Electoral Act 2010, and
the 1999 constitution, as amended, when it decided to hold the
primaries that produced Ishaku as its candidate in Abuja instead of
Jaligo the Taraba State capital.
It held that the purported nomination of Ishaku for the election,
without a valid primary election monitored by INEC, was in breach of
sections 85, 87 and 138(1) of the Electoral Act, 2010, as well as
section 177 of the 1999 constitution, as amended. The tribunal stressed
that the governorship primary election PDP held at its National
Headquarters in Abuja on December 11, 2014, was not known to the law and
was therefore invalid
It held that PDP failed to give cogent and verifiable reason why it
decided to hold the said primary election in Abuja without the consent
of INEC. Meantime, judgement is still ongoing in three other appeals
that were lodged against the decision of the tribunal. Whereas two of
the pending appeals were filed by the PDP and INEC, Senator Alhassan who
had since been appointed as a Minister by President Muhammadu Buhari,
equally filed a cross-appeal.
Breaking News: A-Court reverses nullification of Gov Ishaku’s election
Reviewed by Spencer Reports
on
5:54 pm
Rating:
No comments: