Appeal Court Upholds Nasarawa Governor’s Election; Invalidates Tribunal Decision The Court of Appeal in Abuja has upheld the victory of Nasarawa State Governor, Abdullahi Sule, dismissing the earlier decision by the state election petition tribunal.
The tribunal had ruled in favor of David Ombugadu of the Peoples Democratic Party, stating that he had the majority of valid votes. However, the appellate court expunged certain evidence and exhibits from the tribunal’s decision, deeming them inadmissible. In delivering the judgment, Justice Uchechukwu Onuemenam emphasized that the witnesses’ statements were not properly presented.
The court observed that written statements under oath must be filed with the petition within the prescribed time frame, as stipulated by Section 285(5) of the 1999 Constitution, as amended, Section 132(7) of the Electoral Act 2022, and Paragraphs 4(5) (6) and 14(2) of the First Schedule to the Electoral Act.
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“It is the appellate court’s responsibility to ensure that illegally inadmissible evidence is expunged where a trial court has admitted and acted upon such evidence,” the judge held.
Appeal Court Discredits Tribunal’s Decision in Nasarawa Governor’s Election
The Court of Appeal, Abuja, has criticized the judgment of the Nasarawa State election petition tribunal in favor of David Ombugadu, stating that crucial evidence and exhibits from certain witnesses were inadmissible. Justice Uchechukwu Onuemenam emphasized that the tribunal erred in deducting 1,868 votes from Governor Abdullahi Sule’s count without proper evidence of over-voting. The court stressed that the petitioners failed to present necessary documents to support their claim of over-voting, and it faulted the tribunal for summarily dismissing evidence and testimonies presented by the governor’s witnesses.
Court of Appeal Sets Aside Tribunal’s Judgment in Nasarawa Governorship Election
The Court of Appeal, Abuja, has set aside the judgment of the Nasarawa State election petition tribunal, stating that it lacked reasons for its findings and acted wrongly by re-computing votes. The court, led by Justice Uchechukwu Onuemenam, allowed Governor Abdullahi Sule’s appeal, dismissing the tribunal’s judgment and setting aside the majority order. The court emphasized that a proper court judgment must provide reasons for its findings, and the tribunal’s failure to do so rendered its decision perverse.
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