In a significant development, the Court of Appeal sitting in Abuja reversed the nullification of Governor Abdullahi Sule’s election victory in Nasarawa State. The decision came in response to the verdict of the Nasarawa State Governorship Election Petition Tribunal, which had declared the candidate of the Peoples Democratic Party (PDP), David Ombugadu, as the valid winner of the election.
The three-member panel of justices, led by Justice Uchechukwu Onuemenam, unanimously ruled that the tribunal had relied on legally inadmissible evidence to arrive at its decision. The court highlighted that the tribunal had considered the statements of eight witnesses produced by the PDP candidate, despite them not being front-loaded alongside the petition as required by the law.
Quoting relevant constitutional provisions and electoral laws, the court emphasized that written statements on oath must be filed within the prescribed time alongside the petition. As a result, it expunged the evidence and exhibits of those witnesses from the records.
The appellate court further noted that the evidence provided by the remaining twelve witnesses called by the PDP candidate was insufficient to sustain the tribunal’s judgment. Additionally, the court found fault with the deduction of 1,868 votes from Governor Sule based on allegations of over-voting in four polling units. It highlighted that the petitioners failed to provide the necessary documents, such as the Bimodal Voter Accreditation System (BVAS) machines and other electoral documents, to prove the existence of over-voting.
The court criticized the summary dismissal of the evidence presented by witnesses called by the APC candidate, terming it “perverse.” It ruled that none of the witnesses for the PDP and its candidate provided valid evidence on which the tribunal could have relied.
Moreover, the appellate court took issue with the tribunal’s re-computation of votes and declaration of the PDP candidate as the winner. It deemed the tribunal’s action to be erroneous.
In light of these findings, the Court of Appeal upheld Governor Abdullahi Sule’s victory, dismissing the tribunal’s judgment. Consequently, it vacated the order requiring the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return issued to Governor Sule.
This decision by the Court of Appeal brings a significant resolution to the election dispute in Nasarawa State and reaffirms the validity of Governor Abdullahi Sule’s election as the state governor.
