S’Court affirms Ishaku’s victory in Taraba guber polls

Appeal Court upturns Nyako’s impeachment

WITH the ruling of the Supreme Court yesterday, Darius Dickson Ishaku of the People’s Democratic Party (PDP) retained his position as the governor of Taraba State. The apex court also dismissed the petition filed by the All Progressives Congress (APC) and its governorship candidate, Aisha J. Alhassan.

In the lead judgment pronounced by Bode Rhodes Vivour and unanimously adopted by six other judges, it was upheld that the appeal lacked merit and consequently could not stand. The judges have also slated February 22 to give reasons for their ruling.

Rivers State Governor, Nyesom Ezenwo Wike and his Delta State counterpart, Ifeanyi Okowa have congratulated Ishaku on the affirmation of his election by the Supreme Court, saying the rule of law has come to stay in the democratic process of the country.

Besides, the Court of Appeal sitting in Yola yesterday reversed the impeachment of Murtala Nyako as governor of Adamawa State on July 15, 2014, after 17 of the 25 members of the State House of Assembly adopted a report of a panel set up to investigate him for alleged corruption. The report found the governor guilty of all the 16 allegations of gross misconduct.

But in its ruling yesterday, the Court of Appeal ruled that Nyako’s impeachment was not done in accordance with the provision of the law.

In the lead judgment read by Justice Tunde Ayotoye, all the judges unanimously agreed that Nyako was not given fair hearing in the impeachment proceedings and ordered that Nyako be accorded all rights of the office of the governor of Adamawa State and be paid all his entitlements The court, however, struck out Nyako’s appeal to be returned as governor of the state as the judges ruled that his tenure as governor had elapsed.

In a statement issued yesterday by his Special Assistant on Electronic Media, Simeon Nwakaudu, Wike also congratulated the people of Taraba State, saying the judgment of the apex court had further strengthened the nation’s democracy and enhanced the confidence of the people in the judiciary.

On his part, Okowa urged Ishaku to extend hands of fellowship to his opponents and ensure that the state gets purposeful leadership.

The Court of Appeal sitting in Abuja had in December cancelled the victory handed Senator Alhassan by the Taraba State Governorship Election Tribunal through the nullification of the election of Ishaku on November 7, 2015.

But in its ruling, the Court of Appeal in December 2015, reviewed Ishaku’s appeal and described as ‘unattainable’, a petition by the APC seeking to disqualify him as the PDP candidate in the gubernatorial election of April 11.

In a unanimous ruling, a five-man panel led by Justice Abdul Aboki noted that the Election Tribunal was wrong in giving victory to Alhassan, while nullifying the election of Ishaku.

According to the judges, the constitution clearly states that unless a candidate has been indicted by a court of law, or is known to have a criminal record, or has a certain degree of health condition, among others, such a person cannot be determined by a tribunal as not being qualified as a candidate.

Justice Aboki had added that the failure of a party to conduct conclusive primaries – the grounds the tribunal cited for disqualifying Ishaku – was clearly a pre-election matter which the tribunal has no jurisdiction on.

Aboki said the important question about Section 85 of the Electoral Act was whether the Independent National Electoral Commission (INEC) which the section was made for, was complaining about the candidature of Ishaku.

“If INEC does not see any reason to complain, can the first and second respondents be seen to be complaining loudly?

“I have found in this case that the first and second respondents have no right to challenge the emergence of the PDP governorship candidate since none of them is a member of the PDP”, Justice Aboki insisted.

Between 9:45 a.m. and 12 noon yesterday, both the appellants’ and respondents’ counsel had pleaded their cases and by 1:35 p.m., the verdict was announced.

Lead counsel to Alhassan, Abiodun J Owonikoko, had prayed the court to reverse the Appeal Court judgment and adopt that of the tribunal on the grounds of failure of the PDP to conduct primaries in Taraba State as stipulated by INEC.

But the counsel to Ishaku, Kanu Agabi, who appeared with 65 other lawyers, urged the court to dismiss the appeal by APC.

In respect to the issue of sponsorship, Agabi said the court below had held that the appellants were bound by their own pleadings.

“But let me refer you to those pleadings; the appellant had pleaded that the first respondent was a member of PDP. PDP also said it sponsored and filed Ishaku as its candidate. The first respondent was sponsored by the second respondent. I wondered why APC continued to insist that Ishaku was not sponsored by PDP.”

The counsel to the second respondent, PDP, Solo Akuma, equally admitted before the court that the first respondent was the candidate of PDP and that the party had never denied that it sponsored him.

The counsel to the third respondent, INEC, Joseph Daudu, said the commission did not file a brief and consequently associated himself with other respondents and then took his seat.

In their respective rulings, the judges said: “There is no merit in this appeal and it is hereby dismissed. The judgment of the Appeal Court is hereby affirmed. Parties to bear their costs and reasons for the judgment to be given on February 22.”

“Consequently, I order the return of Ishiaku as governor of Taraba State. I agree with the judgment. The appeal is unmeritorious and hereby dismissed. I entirely agree with the lead judgment and abide by them.”