NATHANIEL GBAORON, writes on the welter of issues thrown up during and after the judgment of the Nasarawa State Governorship Election Petition Tribunal and the current suspense over the next phase in the legal battle.
NASARAWA State has just completed the circle of act one scene two after the last general election. Thanks to the split decision of the election tribunal set up to handle petitions arising from the governorship poll. It would be recalled that the Independent National Electoral Commission (INEC) in March had declared Governor Abdullahi Sule, the candidate of the All Progressives Congress (APC), winner of the election in Nasarawa.
Ishaya Tanko, INEC state collation and Returning Officer, officially announced the result in Lafia at the Nasarawa State Collation Centre. According to the INEC returning officer, “APC candidate polled a total of 347,209 votes to defeat his closest opponent- David Ombugadu of the Peoples Democratic Party (PDP) who secured 283, 016 votes.” The officer said Sule of the APC, satisfied the requirements of the law and scored the highest number of votes in the election and was declared the winner and returned elected.
In 2019, Sule won the governorship election by polling 327,229 votes to defeat Hon. Ombugadu of the PDP who scored 184, 281 votes. Labaran Maku of the All Progressives Grand Alliance polled a total of 132,784 votes in the 2019 election. The result of the 2023 election indicated that APC won in 11 out of the 13 local government areas of the state. Not pleased with the result as declared by INEC, the PDP governorship candidate dragged the commission, winner of the election, Engineer Abdulahi Sule and APC to the three-man governorship election petition tribunal sitting in Lafia, the Nasarawa state capital and headed by Justice Ezekiel Ajayi.
Honourable Ombugadu faulted the calculation that gave Sule victory over him. He however said the election was free and fair but there was miscalculation in the final result, hence his approach to the tribunal for correction. During the Tribunal’s last sitting in Lafia, the tribunal nullified the election of Governor Abdullahi Sule virtually. Delivering the over 4 hours judgment virtually, chairman of the tribunal, Justice Ezekiel Ajayi declared Emmanuel Ombugadu of the PDP as the lawful elected governor of the state. The tribunal chairman maintained that the evidence presented by the petitioner indicated that, Emmanuel Ombugadu scored majority of the lawful votes cast during the March 18 Governorship election in the state.
Justice Ezekiel Ajayi directed the Independent National Electoral Commission (INEC) to issue a Certificate of return to Emmanuel Ombugadu. Justice Chiemelie Onaga, on her part, aligned with the verdict of the chairman of the tribunal adding that the petitioner scored the majority of the lawful votes. In a dissenting judgment, Justice Ibrahim Mashi dismissed the petition for the inability of the petitioner to demonstrate how he scored the majority of the votes.
While the majority decision is of the opinion that the petitioners’ subpoenaed witnesses can testify without the witness statement on oath, the dissenting decision thinks otherwise and held that the correct position of the law is that where there are divergent and or conflict decision of the court of Appeal, the rules is that the later decision in time prevails and therefore, the tribunal is bound by the later decision in Peter Obi’s case which is the latest decision delivered on the 6th September 2023 in the Presidential Election Petition Tribunal. Accordingly, the dissenting Judge held that by the decision in the Peter Obi’s case, subpoenaed witnesses are not witnesses of the court but witnesses of the Petitioners. Heidentified the Petitioners’ subpoenaed witnesses to include PW5 who represented INEC Director of ICT who tendered photocopy of the subpoena served on him as opposed to the Original, PW6, PW7, PW8 who testified under cross examination that the CTC of IREV copies of FORM EC8As were earlier given to the Petitioners and was part of the team that certified the document for the Petitioners, PW7 and PW8 who metamorphose to PW20 and PW21, PW12 who was Petitioners’ subpoenaed Agent of PRP at Gayam Electoral Ward and who testified under cross examination that the Petitioners had their own Agent at Gayam Ward, who they never called. PW13 also a petitioners’ subpoenaed Action Alliance’s agent at Chiroma Ward, who also testified during cross- examination that the oetitioner had their own agent at Chiroma Ward, who they never called. The dissenting Judge held that the eight petitioners’ subpoenaed witnesses were all witnesses who were available to the petitioners at the time of filing the petition and that PW8/PW21 by name Ama Ibom Agwu was the same subpoenaed witness whose competence was challenged in the case of Ararume vs. INEC and therefore, all of them were not adversaries and consequently held that their oral testimonies sworn and unsworn without written deposition on oath are incompetent and the witnesses lack vires to testify in the petition. Accordingly, their testimonies including that of RW22 are struck out while all the exhibits tendered through them were also expunged. Counsel for the petitioner, Johnson Usman said the majority judgment has affirmed David Emmanuel Ombugadu as the lawful elected governor of Nasarawa.
Reacting, counsel for Governor Sule, Mubarak Adekuleku said they would follow the dissenting judgment and appeal the verdict of the other two Justices. He added that the dissenting judgment was more detail in line with the provision of the law than the majority judgment. Night before the judgment
Prior to the verdict, the state witnessed a heavy presence of law enforcement agents, in strategic parts of the state capital. Though people went about their normal lives, the judgment elicited mixed reactions, but with most people discussing it in hushed tones. Armed security men had blocked the popular Shandam road. Nevertheless, no ontaward happening was noticed in any part of the state before, during and after the tribunal delivered the split judgment of ratio two-to-one in what an observer described as a display of political maturity and tolerance of the citizens of Nasarawa. The tranquility has subsisted while many people are in suspense on what they consider as the next crucial but last phase of the legal contest months after the general election in the state.
Fallout
The verdict of the tribunal remains a major discourse across the length and breath of the state. Groups and individuals have been dissecting it and making projections on the next strategies of the parties and the likely outcome. But, reacting to the judgment while. Addressing a large crowd in Lafia, Governor Sule believed there is silver linings in the days ahead. He declared: “It is a temporary setback at this time and I remain the Governor of Nasarawa State till all judicial provisions for appeal are concluded.” He said he would operate his government as if nothing had happened, noting that there are programmes scheduled to take place in the week and would go on without recourse to any change. He called on the youth not to respond to any “propaganda and mischiefs” as his legal team will push on the case until it reaches the Supreme Court. He tasked all on being calm and law-abiding, urging them not to riot as that would only succeed in stunting the accomplishments being recorded by the present administration in the state. Events like this happened at several times here in Lafia and many places. For instance, in the case of Mai Yamma, he didn’t win at the tribunal but he reclaimed his mandate at the Appeal Court. So, you need not to worry. We have more options available. Continue your work as nothing has happened,” he stated. Governor Sule said it was a test of faith to him as a Muslim who believes in the Articles of Faith and the oneness of God, he will accept whatever outcome that comes after all legal proceedings are exhausted. Sule recounted that in 2019, he defeated the opposition PDP in all the courts and he is confident of securing victory as there are other options to pursue. He thanked the youths, women and residents of the state and beyond for their prayers, support and loyalty to his government, reassuring them of his commitment to exceeding expectations.
Judgment a miasma –APC
The Nasarawa chapter of the APC described the judgment as a misama. The state oublicity secretary of the party, Douglas Otaru said: “The judgment delivered by Justice Ezekiel Ajaiyi at the governorship election petition tribunal sitting in Lafia could best be described as a judicial miasma. It impinges so much of judicial slaughter in history. It’s obvious that his opinion and that of Justice C A B Onaga were based on emotions and sentiments, and never on the point of law.” He added: “Justice Ibrahim Mashi, however, in his clinical dissenting judgment further exposed the fatalities and inaccuracies contained in the Justice Ezekiel Ajaiyi’s verdict, which are still subject to further judicial analysis at the higher courts.
“But, we are glad that the judicial process ends at the Supreme Court, therefore, it is needless and premature for anyone to celebrate. The leader of the party His Excellency Engr Abdullahi A Sule has since said he will appeal the judgement and the party has also align with his decision. Let’s meet at the Appeal Court,” Otaru said.
For the PDP, the verdict of the tribunal is a harbinger of hope. The split decision is a welcome development. In fact, the chairman of the PDP in the state, Honourable Francis Orogu described the judgment as a victory for democracy and the people of the state. For now, the waiting game has begun again after the initial suspense after the tribunal concluded it’s public sitting and kept msny guessing about when it was going to deliver it’s judgment. But going by past records, the wait on the judicial process in the last battle for the Government House Lafia might not be for too long. However, there is one last but crucial hurdle to be crossed by all the vested interest in the contest.
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