THE Court of Appeal in Abuja yesterday set aside the judgment of the Taraba State Governorship Election Petition Tribunal and affirmed the election of Governor Darius Dickson Ishaku of the Peoples Democratic Party (PDP).
In a unanimous judgment, the appellate court held that issues relating to qualifications of candidates and conduct of party primaries which the tribunal relied upon in arriving at its decision are pre-election matters which it lacked jurisdiction to entertain.
Besides, the court held that the tribunal acted beyond its powers by declaring the petitioner and candidate of the All Progressives Congress (APC), Aisha Alhassan, who scored the second highest votes as winner of the election instead of ordering for a fresh election.
The tribunal had in its judgment of November 7, 2015 delivered by Justice Musa Danladi Abubakar nullified Darius election because he did not emerge through a valid party primary.
Delivering judgment in the three appeals and cross- appeal that emanated from the judgment of the tribunal which sat in Abuja because of the security concerns in the North-East, a five-member panel of justices of the appellate court headed by Justice Abdul Aboki set aside the earlier decision of the tribunal.
Justice Aboki, who read the unanimous judgment, held that it was a gross misdirection for the tribunal to have declared the APC governorship candidate, Hajiya Alhassan winner of the April 11, 2015 governorship election in Taraba State on the basis that she scored the second highest number of votes in the election.
The court also held that from the evidence of witnesses to the petitioners before the tribunal, Governor Ishaku was validly elected and sponsored by his party, the PDP to vie for the governorship seat of the state in accordance with the constitution, the Electoral Act and in accordance with the election guidelines as laid down by the Independent National Electoral Commission (INEC).
“Therefore, the judgment of the Taraba State Governorship Election Petition Tribunal is hereby declared null, void and set aside in its entirety. The appellant’s appeal is meritorious and is hereby allowed”, Justice Aboki held and affirmed Ishaku as the duly-elected governor.
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