By Martin Paul, Jude Opara and John Onah, Abuja

The Supreme Court, yesterday disqualified the Peoples Democratic Party (PDP) and its candidate, Emeka Ihedioha as governor and ruling party in Imo state.

In its place, the court declared Hope Uzodinma of the All Progressives Congress (APC) winner of the March 9, 2019 governorship election in the state.

The seven-member panel of the Supreme Court led by Chief Justice Tanko Muhammad gave the unanimous decision yesterday in Abuja, having earlier in the day struck out the appeal filed by Uche Nwosu, the governorship candidate of the Action Alliance (AA) in the March 2019 election.

Before the unanimous decision, counsel to the appellant, Solomon Umoh, in an oral application, had withdrawn from the case.

Umoh had informed the court that based on the decision of the Apex Court delivered on December 20, 2019 that his client was not qualified to participate in the March 9 governorship election in Imo state, he advised that the appeal be withdrawn and he accordingly moved for the withdrawal of the appeal.

Nwosu and his party, Action Alliance (AA) are among three candidates, who sought the nullification of Ihedioha’s election on allegations of malpractices and non compliance with the electoral laws during the March 9 governorship election in Imo state.

A five-member panel of the court led by Justice Oyebisi Omoleye delivered the judgment yesterday following the appeals filed by the Action Alliance,

All Progressive Grand Alliance (APGA) and its candidate, Ifeanyi Ararume; Action Alliance (AA) and its candidate, Uche Nwosu and that of the All Progressives Congress (APC) and its candidate, Hope Uzodinma are those, who petitioned against Ihedioha’s election as the governor of the state.

They had argued that Ihedioha did not obtain the “constitutionally required one-quarter of the votes cast in at least two-thirds of the 27 local government areas of the state, as provided under Section 179 of the Constitution”, to become the governor of the state.

The appellants, therefore, asked the court to set aside the decision of the election petition tribunal and declare them the winner of the election or in the alternative order a rerun.

In their various submissions, their counsel asked the court to set aside the decision of the tribunal and declare them the winner of the March 9 governorship election or in the alternative order the Independent National Electoral Commission (INEC) to conduct a fresh election into the office of governor of Imo state.

Besides claims that Ihedioha did not obtain the constitutional one-quarter of the votes in at least two-thirds of the 27 local government areas of the state, in line with the provisions of the law, the petitioners also alleged substantial non-compliance with the Electoral Act and Guidelines, including other irregularities.

But the tribunal in its judgment held that the case of the petitioners was unmeritorious because they failed to call relevant witnesses and that evidence of witnesses called were based on hearsay.

The tribunal, in addition, rejected documents tendered by the petitioners in support of their claims on the grounds that those who led evidence in the documents were not the makers of the documents.

My Stolen Mandate has been Restored – Uzodinma

Reacting to the Supreme Court decision yesterday, Uzodinma said that his stolen mandate has been restored.

 Uzodinma, who spoke through his Special Adviser on Media, Declan Emelumba, said that he had always had confidence in the judiciary.

“Yes today, my mandate given to me by the people of Imo state has been restored by the highest court in the land. This means that the victory given to me by the people, but denied me, has been restored. I give glory and thanks to God Almighty,” Uzodinma said.

Emelumba said that the new governor will arrive Imo state today and would address the people immediately.

APC Lauds Judgment

The All Progressives Congress (APC) has said that it is ecstatic over the Supreme Court’s declaration of Mr Hope Uzodinma as the rightful winner of the 2019 Imo state governorship election.

The party said in a statement signed by its National Publicity Secretary, Malam Lanre Issa-Onilu, in Abuja yesterday that: “Even as we are still wondering why we lost elections we clearly won in Zamfara at the Supreme Court and how the same court ruled our party out of the electoral race in Rivers, we have never, as a political party, lost faith in the judiciary.

“We salute Sen. Hope Uzodinma, our supporters and members for their temperance displayed in the aftermath of the blatant rigging of the Imo governorship election.

“We chose to focus on the judicial route to reclaim the party’s mandate. We are confident that our other stolen electoral mandates will be restored by the courts.”

…Defers Kano, Sokoto Ruling till Monday

In Kano state, the seven-man panel deferred judgment in the gubernatorial appeal to January 20.

The Kano state appeal was filed by Abba Kabiru-Yusuf of the Peoples Democratic Party (PDP), challenging the election of Abdullahi Ganduje as governor of of the state.

Kabiru-Yusuf, who was the PDP candidate in the March 9, 2019 election, said having scored the highest votes, he is the candidate that satisfied the provision of Section 179 of the Electoral Act,  but after arguments of counsel in the matter, Muhammad adjourned ruling to January 20.

Kabiru-Yusuf, arguing through his lawyer, Adegboyega Awomolo (SAN), urged the apex court to grant all the prayers in the appellant’s application including setting aside the judgment of the lower courts.

Awomolo in his brief pointed out that the only point of law was the decision and action of the returning officer whom he said that in the exercise of his constitutional powers under section 179, 2 (a) and (b) of the 1999 constitution as amended, and section 69 of the electoral act 2010 and paragraph 41 of the regulation and guideline of INEC even after announcing the results of the 44 local government areas of Kano state, cancelled the results already declared at the polling units.

He also added that the affected results were collated at the wards, local governments and state. Besides, the appellant counsel said that results from 207 polling units were as well cancelled and subsequently declared the election inconclusive as a result of the cancellation.

Further, Awomolo affirmed that it was on the basis of the cancellations that another election was scheduled on March 23, 2019.

The appellant lead counsel, therefore, submitted that for the returning officer to have cancelled the 207 polling units after announcing the overall results of the state amounted to ultra vires and null and void.

He also explained that the declaration of inconclusiveness also amounted to ultra vires of the powers of the returning officer. And the rescheduling of the second election by the returning officer was also null and void.

Awomolo affirmed that the results of the second election on March 23 2019 could not produce lawful votes as the predicated decision was null and void. And that the only lawful votes were those announced by the returning officer on March 11, 2019 in form EC8D.

He, therefore, urged the apex court to allow the appeal on the ground that the appellant scored the highest votes in the election held on March 9, 2019.

But, Ahmed Raji, SAN, the respondents’ lawyer asked the panel to dismiss the appeal by Kabiru-Yusuf and PDP.

Raji who appeared for APC argued that there is no evidence that the Returning Officer cancelled votes, but what is on record is the inability of the Returning Officer to collate the election results.

“I therefore urge my Lord to dismiss this appeal and affirm the concurrent findings of the lower courts,” he said.

However, in a unanimous judgment delivered on the petition on Friday, a five-man panel of the court led by Justice Tijjani Abubakar dismissed the appeal by the PDP and its governorship candidate, Abba Yusuf.

The court had affirmed the Oct. 2, 2019 judgment of the Kano State Governorship Election Tribunal, which had dismissed the petition by PDP and its candidate, challenging Ganduje’s victory at the supplementary election.

The Supreme Court has fixed January 20 to deliver judgement in the appeals against the election of Gov Aminu Tambuwal of Sokoto state.

Ahmed Aliyu of the All Progressives Congress (APC) had filed an appeal against the re-election of Governor Aminu Tambuwal as Sokoto state governor, but the court having stand-down its session for hours to re-convene and deliver judgement, later deferred it till Monday.

INEC Ready for Kano rerun

Meanwhile, the Kano state Resident Electoral Commissioner of (INEC) Professor Riskua Shehu said yesterday amid the waiting game that the Commission was  set to conduct a free and fair re-run election in nine local government areas of the state.

Shehu, who made this known at a meeting of the Commission with stakeholders in the state, said INEC had developed a time table of activities with timelines for the re-run scheduled for January 25th.  

He said an Appeal Court in Kaduna, at various sittings, had ordered for re-run elections in Federal and state Constituencies in which two are from KIru/ Bebeji and Tudun Wada Doguwa with two polling units in Kumbotso Federal Constituency, 12 polling units in four other state Constituency in Bunkure, Madobi, Minjibir and Rogo, among all the participating political parties in the state.

He said the re-run election would be conducted in 60 registration areas across the affected local government areas with a total of 41, 400 registered voters in 698 polling units of 166 voting points.

“Invitation will be sent to representatives of all political parties participating in the re-run lections as well as security agencies to witness the distribution of the material”, Shehu said.

…Sick Bauchi Gov writes from London Hospital

It was, however, a twist in Bauchi state as the Governor Bala Mohammed, who is ill and currently on admission in a London Hospital, wrote to his supporters and expressed optimism of  a favourable judgment.

Mohammed said he was making plans to return to the country “to fight those plotting his defeat from within his government”.

The governor expressed confidence that he would emerge victorious in the ruling that is about to be made in a few hours.

His spokesman, Mukhtari Gidado, said in a statement made available to the media that his boss “will soon take drastic action to get rid of saboteurs and ungrateful people within his midst.

“Many unexpected opponents and opposition have emerged to pull his administration down through the supreme court, expressed confidence that they will fail.

“I am in hospital in London, but we strongly believe that Allah is sufficient for us and He is Able and Capable to give us victory! Cheers, success shall be our InshaAllah! Cheers to you all”.

Mohammed, who reaffirmed his administration’s commitment to the lofty ideals of new Bauchi Movement, pledged to lead with justice, equity, and humility and promised to recognise and reward those who contributed positively to his movement and show loyalty to him and the Bauchi Project.

“The period of the Supreme Court judgment is a moment that God shown him his real supporters, while it is also the time when detractors, within and outside his fold are exposed.

“The Governor, therefore, expressed gratitude to his patriotic supporters for their support and concern shown at this critical and crucial point of waiting for the outcome of the supreme court judgment and appreciated his outstanding partners of progress and paradigm shift in the state,” Gidado said in the statement.