Appeal Court Upholds Borno Gov's Election
From Funmi Peter-Omale in Jos
Court of Appeal sitting in Jos yesterday afternoon upheld the election of Borno State Governor, Alhaji Modu Ali Sheriff of the All Nigeria Peoples Party (ANPP). The court also dismissed the petition of Alhaji Kashim Ibrahim Imam, the Peoples Democratic Party (PDP) gubernatorial candidate in the April 2003 election.
Delivering the lead judgement, Justice Ifeanyi Ugbuagu, submitted that the appeal was "unmeritorious, lacks and indeed is devoid of any merit."
In the ruling which was concurred to and supported by all the five members of the panel, Ugbuagu held that the petitioners failed woefully to prove their allegations against the governor and his deputy.
Ugboagu declared that there was no evidence to prove that the respondents indeed forged their certificates or did not obtain Grade II Certificates respectively.
He noted that rather than prove their case, the appellants ended up ridiculing themselves with the array of witnesses they had presented before the lower court.
"PW4 (prosecution witness 4) perjured himself -- lied on oath... He ended up disgracing the legal profession. Going by the evidence before the court, the first respondent has obtained the minimum qualification of School Certificate for the guber elections as contained in the constitution," he said.
The judge noted that going by provisions of the law, it was not even mandatory for the contestant to have passed the examination.
Ugbuagu also observed some lapses in the appeal which he submitted made it "ambigous."
He awarded N10,000 costs against the appellants.
Presiding judge, Mrs. Mariam Mukhtar-Alooma in her own ruling said: "the law is settled, he who avers must prove. The appeal has no substance and is hereby dismissed."
Governor Sheriff in his reaction to the Appeal Court judgement extended a hand of fellowship to the opposition, saying he was willing to work with them to move the state forward.
Attempts to speak with Imam were thwarted by touts who harrassed journalists.
There was a heavy presence of plain-cloth security men and uniformed men all over the main streets of Jos. The security beef-up was actually in response to the heavy presence of supporters of both parties to the case.
Mobile policemen had to escort the PDP candidate and his entourage out of the court premises while teargas had to be used to disperse political thugs who became unrully and tried to block Imam from leaving the court premises.
An Election Tribunal sitting in Maiduguri had on March 2 this year thrown out Imam's petition for lack of merit.
The PDP candidate had gone to court to contest the election of Sheriff as governor of Borno State on the grounds that he is not qualified to contest, was guilty of alleged corrupt practices and was duly elected by the majority.
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