There was relief in Taraba State yesterday as the Supreme Court affirmed the victory of Governor Darius Ishaku of the Peoples Democratic Party (PDP)
The apex court threw out the appeal filed by Women Affairs Minister, Hajia Aisha Al-Hassan of the All Progressives Congress (APC) for lacking merit. The apex court had also affirmed the victories recorded in Abia, Ebonyi, Rivers and Akwa Ibom states.
In Abuja yesterday, the court will, however give reasons for the judgment on February 22.
Alhassan had approached the apex court to set aside the judgment of the Court of Appeal which nullified the November 7, 2015 decision of the election tribunal declaring her as winner of the election.
Arguing the appeal yesterday for the appellant, Mr. Abiodun Owonikoko (SAN) submitted that the issues raised in the appeal were different from the earlier decided cases of the court because the appeal anchored on Section 77(c) of the 1999 Constitution and Section 87(4) of the Electoral Act, is challenging the non-conduct of the PDP primaries and not the outcome of it.
He said the case of the appellant was about the non-conduct of primary which is a requirement under Section 77.
But responding, counsel to Governor Ishaku, Chief Kanu Agabi (SAN), urged the court to dismiss the appeal and apply its earlier decision in the cases of Shinkafi and Yari as well as in Tarzoor and Ortom.
Counsel to the PDP, Chief Solo Akuma (SAN), in adopting Agabi’s argument challenged the locus standi of the appellant in contesting matters that are entirely the internal affairs of his client.
In a unanimous ruling, a five-man panel led by Justice Abdul Aboki said the Election Tribunal was wrong in giving victory to Mrs. Al-Hassan, while nullifying the e Ishaku’s election. .
The judges said 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 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 said the failure of a party to conduct a conclusive primary – the grounds the tribunal cited for disqualifying Mr. Ishaku – was clearly a pre-election matter which the tribunal has no jurisdiction on.
In Jalingo, Taraba State capital, there was relief after weeks of tension as news of the ruling filtered into the town. Our correspondent who went round the metropolis saw people went about their normal businesses in accordance with the earlier order given by governor Ishaku against any form of celebration or protest the verdict.
Reacting, Deputy Senate President, Ike Ekwremadu, said the judgment conformed with the precedents of the Supreme Court on the nomination of candidates by political parties.
He said: “I want to congratulate my brother, Ishaku on this well deserved victory and commend the Supreme Court for standing solidly on the side of truth and for preserving the sanctity of the ballot box. One can say that in the apex court, the people’s mandate has found refuge, once again.”
Also, the PDP National Working Committee (NWC) in a statement signed by its Acting National chairman, Uche Secondus, said the judiciary has shown that it remains the window of hope for democracy in this country.
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