Court Upholds Adamawa Gov's Election
From Funmi Peter-Omale in Jos
Court of Appeal sitting in Jos yesterday confirmed the election of Mr. Boni Haruna as governor of Adamawa State. The appellate court also upturned the ruling of the Adamawa Election Petition Tribunal which earlier faulted the results of the April 19 gubernatorial polls and ordered fresh elections in some local government areas of the state.
Delivering the lead judgement yesterday, Justice Pius Olayiwola Aderemi, submitted that "taking an overall view of the evidence presented by the petitioners/cross-appellants, I say without any doubt in my mind that the totality of the evidence placed before the lower tribunal is absolutely inadequate even to prove the simplest of a criminal offence, very impotent to affect the appellants/cross-respondent, ridiculous for convicting any of the appellants/ cross-respondent with commission of any electoral offence..."
According to him, "Even if the reliefs sought in this court had been sought before the lower tribunal then such evidence adduced is very scandalous if brought forward, as it has been to support the case of the charges of the grave character as to make us order a nullification of the election and disqualify the 1st cross-respondent from participating in any bye-election (were one to be ordered) conducted pursuant to the nullification of his (1st respondents) election; and finally the totality of such evidence is very much naive if it is put up (as it has been done) to support the case."
Aderemi added: "The conclusion which I reach before the above discussions is that these appeals are meritorious and they are accordingly allowed; and consequently, the consolidated petitions are hereby dismissed; consequently, the election of Boni Haruna, the 1st respondent/appellant as the governor of Adamawa State is hereby affirmed. The cross-appeal, which by my judgement is unmeritorious, is hereby dismissed."
The judge further noted that "the entire proceedings (at the lower court) are replete with allegations of alterations, over-voting, ballot stuffing and chasing away of agents, no person was brought forward as witness to say he was chased away and that they recognised party agents... Until the plaintiff or the petitioner has discharged the onus cast on him by law, the onus does not shift. The petitioner in the instant case has failed woefully to discharge his initial duty of tendering the said vital document. The finding to say the least, is perverse," he stated.
The judge accused the lower tribunal of taking sides with one of the litigants.
"By drawing up the chart, filing it with contents on their own and acting on such materials so fed into the chart, the lower tribunal has not only descended into the arena of conflict, it has indeed consciously or unconsciously taken the position of a witness in favour of one side against the other side. The practice of the judge is the interpreter of the law and not the giver or profferer of the evidence."
Other justices of the Appeal Court including James Ogebe, the presiding justice, Victor Omage, Musa Muhammad and Ikechi all concurred to the 59 page lead judgement and advised the Independent National Electoral Commission (INEC) and its officials to "remain as neutral as possible in the election cases as their primary responsibility is to conduct free and fair elections regardless of who wins."
National Chairman of the Peoples Democratic Party (PDP), Chief Audu Ogbeh, National Secretary of PDP, Chief Vincent Ogbulafor, Governor Bukola Saraki of Kwara State were all in court to express solidarity with Haruna who also came along with members of his cabinet and House of Assembly members.
Reacting to the judgement, Ogbeh said it goes further to confirm the position of the party that the election tribunal in Yola had erred in its judgement.
The Justice Ibrahim Zanna-led Election Petition Tribunal in Yola, Adamawa state had on March 24, nullified the election of Governor Haruna and ordered fresh elections in 14 out of the 21 local government areas of the state, due to malpractices and official intervention.
Noting that the conduct of the electitions violated the provisions of the Electoral Act, Zanna said the result obtained in Jada, the home town of Vice President Atiku Abubakar, Ganye, Toungo, Mubi North, Hong, Gombi, Michika, Madagali, Mayo-Belwa, Densa, Nunam, Guyuk Lamurde and Song local government areas have been cancelled.
He said "consequently, the first respondent (Boni Haruna) as declared by the second respondent (INEC) was not validly elected and his electition is hereby nullified".
Addressing PDP supporters at the Women Development Centre, Jimeta Yola, said "what happened three days ago (the judgement is nothing new. In the history of politics, there is nothing we have not seen... I have seen various judgements in the political history of Nigeria, but I have never seen any judgement so designed to disgrace me, exhibit lack of respect and aimed at snatching a mandate in order to award it to another person just like it was openly displayed three days ago."
He said that 'the judge that passed this verdict is the presiding judge, prosecutor, the petitioner - the all-in-all. That is why I said I have never seen this kind of judgement which had no respect for the truth, lacks focus, full of cheating and inciting."
"I know that I am not from a family of judges like Prof. Aminu. Therefore, if the worst comes to worst, I will insult any judge. It may not only be insults, but as well as beating up such a judge," Atiku stated.
|
