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Appeal Court upholds Tribunal judgement affirming APC’s victory

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The Court of Appeal in Abuja on Monday dismissed an appeal brought before it by the governorship candidate of the Peoples Democratic Party (PDP) in Sokoto State, Sai’du Umar, challenging the election of Governor Ahmed Aliyu of the All Progressives Congress (APC).

The three-member panel of Justices of the appellate court, in a unanimous judgment, dismissed the case challenging Aliyu’s election for lacking in merit.

The appellate court held that the appellants failed to prove the allegations of non-compliance with the provisions of the Electoral Act in the conduct of the election and other electoral malpractices contained in their petition before the Sokoto State Governorship Election Petition Tribunal. 

Adopting the processes filed in the matter, Sunday Ibrahim Ameh (SAN), representing the appellants prayed the court to find merit in the appeal and allow it, Chief Wole Olanipekun (SAN), Dr Hassan Liman (SAN) and I. S. Mohammed, representing the first to fourth respondents, asked the court to dismiss the appeal and affirm the judgment of the Tribunal which declared Aliyu as the winner of the governorship election in the state.

It would be recalled that a three-member panel of Justices of the Tribunal, led by Justice Haruna Msheila, had, in a unanimous judgment delivered on September 30, dismissed the petition of the PDP and its governorship candidate in the last governorship election in Sokoto State.

The tribunal held that the petitioners failed to prove the six grounds formulated in their joint petition.

According to the tribunal, the grounds stated in the petition bordered on alleged ineligibility of Aliyu and his deputy to contest, falsification of certificates, variation of names, election frauds and non compliance with electoral guidelines.

The lower court held in its judgment that the petitioners were unable to prove the allegations beyond reasonable doubt as required by law, as 70 per cent of exhibits they tendered were out of context because they relate to State Assembly elections conducted on the same day.

Details later…

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