Godwin Tsa, Abuja
The Abuja division of the Court of Appeal will today deliver its verdict in the appeal brought by the All Progressive Congress (APC) seeking to reverse the judgment of the state Election Petition Tribunal, which affirmed the re-election of Governor Darius Ishaku of the Peoples Democratic Party (PDP).
Daily Sun observed that there had been tension among supporters of the APC and the PPD, ahead of the judgment.
Yesterday, some supporters of the two parties stormed Abuja where judgment will be delivered.
A three-man panel of the tribunal led by Justice M.O. Adewara in a unanimous judgment dismissed the petition by the APC candidate, Abubakar Danladi on grounds that the petitioners failed to prove allegations that the election was marred by irregularities and substantial non-compliance with the Electoral Act.
The tribunal further held that Danladi was not qualified to contest the March 9 governorship election.
Before the governorship election, the Federal High Court sitting in Jalingo had disqualified Danladi and restrained the APC from fielding him as candidate. Attempts by Danladi to overturn the order of the Federal High Court were unsuccessful at the Court of Appeal and Supreme Court.
The petitioners on July 10, 2019, withdrew the petition on ground of the disqualification of Abubakar Danladi by the Supreme Court.
However, on July 13, the petitioners filed a motion and prayed for an order setting aside the order of dismissal and asked that the petition be re-listed.
The tribunal on August 9, granted the petitioners motion, set aside the order of dismissal of the petition and same was relisted, thereafter, Danladi ceased to participate in the proceedings.
Delivering its judgment after the close of hearing, the tribunal held that a Federal High Court in Taraba had given a judgment on March 6, in a suit marked FHC/JAL/CS/01/2019, disqualifying Danladi from contesting.
It noted that the affirmation of the judgment by the Supreme Court implied that the APC had no valid candidate in the election.
Besides, the tribunal explained that even if the petition was to be considered on its merits, the petitioners failed to lead sufficient evidence to establish their claims that the governor was not validly elected by majority of lawful votes.
Dissatisfied with the judgment of the tribunal, the APC, without it’s candidate, Danladi, approached the Court of Appeal marked CA/A/EPT/934/2019, on October 3, in petition No: EPT/TR/GOV/01/2019, for an order setting aside the decision of the tribunal.
In the notice of appeal, the party contended that the tribunal erred in law and there was a miscarriage of justice in arriving at it’s decision dismissing the petition.
The Court of Appeal is expected to give judgment after the adoption of briefs of arguments by counsel to parties in the appeal.