Guber poll: Supreme Court affirms Gov Eno’s election.

Chigozie Ikpo, Abuja

 

The Supreme Court on Thursday, dismissed three separate appeals challenging the election of Governor Umo Eno of the Peoples Democratic Party (PDP) as Akwa Ibom state governor.

 

The Appeals were filed by the candidate of the All Progressives Congress (APC), Obong Akanimo Udofia, Bassey Albert of the Young Progressives Party (YPP) and John Udoedehe of the New Nigeria People’s Party (NNPP), against the victory of Eno at the March 18 governorship election.

 

The Seven-member panel of the Apex Court, led by Justice Uwani Abaji Aji, dismissed the appeals after they were withdrawn by the respective parties.

 

It would be recalled that the Court of Appeal, Lagos, on 25th November 2023, upheld the judgment of the tribunal affirming Umo Eno as the governor of Akwa Ibom state.

 

In the judgment by three-member panel of judges led by Justice Festus Obande, the appellant court quashed three separate appeals filed against Eno, for lacking in merit.

 

The electoral umpire had declared Eno as the winner of the governorship election in Akwa Ibom with a total of 356,348 votes, while Albert came second with 136,262 votes. Udofia polled third with 129,602 votes.

 

Dissatisfied with the election outcome, Albert, Udofia, and Udoedehe, who came fourth, filed separate appeals at the tribunal — ranging from certificate forgery to improper conduct of the PDP’s primary poll that produced Eno as governorship candidate.

 

Delivering judgment in September, the tribunal held that the supreme court had already settled the issue of Eno’s qualification and that the petitioners lacked the locus to challenge how the PDP conducted its primaries to produce a candidate.

 

Unsatisfied, the trio proceeded to the appeal court, which as well, upheld the tribunal’s position on the certificate forgery allegations against Eno, dismissing all the appeals.

 

At the resumed proceedings on Thursday, counsel for APC, Hassan M. Liman (SAN), urged the Apex court to set aside the decisions of the appellate court stating that the Governor Eno had been convicted in a magistrate court.

 

He however admitted that the same court had set aside his conviction and no appeal was filled against the order setting aside Eno’s conviction.

 

On the issue of forgery, Liman said private investigations revealed that Eno presented a forged WAEC certificate to INEC but also admitted that WAEC did not make a statement stating that the certificate presented by Eno was forged.

 

He subsequently withdrew the suit and it was dismissed accordingly, as no other party opposed the withdrawal of the appeal.

 

In the same vein, the court dismissed the other two appeals as they had same grounds as the first, after they were withdrawn by the respective parties.

 

In a related development, The Supreme Court has reserved judgment on the appeal brought before it, by the Peoples Democratic Party (PDP) and its candidate, Ladi Adebutu, seeking the nullification of the re-election of Ogun State Governor, Dapo Abiodun.

 

The five-man panel of the Apex Court, led by Justice Inyang Okoro, reserved judgment, after hearing the parties in the appeal.

 

It will be recalled that the Court of Appeal sitting in Lagos State on November 24, 2023, had affirmed the re-election of Abiodun in split decision.

 

Justice Joseph Shagbaor Ikyegh who read the majority judgment dismissed the appeal filed by Adebutu, for lacking in merit.

 

However, Justice Jane Esienanwan Inyang who delivered the minority judgment agreed with the appellant and ordered the Independent National Electoral Commission (INEC) to conduct a fresh election within 90 days.

 

INEC declared Abiodun winner of the March 18 governorship election having polled 276,298 votes to defeat his closest rival Adebutu, who polled 262,383 votes.

 

Adebutu challenged Abiodun’s re-election on the ground that the Electoral Act, 2022 was not adhered to, citing corrupt practices and issue of non-qualification.

 

The Ogun State Governorship Election Petition Tribunal had equally dismissed the PDP case.

 

At the resumed proceedings at the apex court, on Thursday, counsel for the appellants, Chris Uche (SAN), said INEC ought to have conducted fresh elections in 99 polling units (40,000) where elections were cancelled and not declared a winner.

 

He said the return of the governor by INEC was unlawful and the election was wrongly concluded because corrupt practices were allegedly manifest during the March 18, governorship poll.

 

However, Abiodun Owonikoko (SAN), representing the 1st respondent, INEC, asked the apex court to dismiss the appeal, as the governorship and presidential election is not determined by margin of lead but by spread of votes, according to Section 179 of the 1999 Constitution.

 

Also, Counsel for second respondentWole Olanipekun (SAN), urged the apex court to dismiss the appeal which challenges concurrent decisions of the two lower courts.

 

Justice Okoro therefore reserved judgement, to a date to be communicated to parties.

 

The case will elapse by January 22.

Meanwhile, The Police Command in Kano State has assured residents of the state of safety before, during and after the  Supreme Court judgment on the governorship election.

The News Agency of Nigeria (NAN) reports that the Commissioner of Police, Mr Hussaini Gumel, gave the assurance shortly after meeting with heads of security agencies in Kano on Thursday.

He said that the command had put in place security measures that would enable residents of the state move on with their legitimate businesses without threat to lives and property.

He explained that already Operational Order with specific roles to all the security personnel had been issued to Area Commanders, Tactical Commanders and Divisional Police Officers across the 44 local government areas of the state.

He said that the command was working with other security agencies in the state to ensure crisis-free moments before and after the Supreme Court judgment on governorship election.

“We have mobilised sufficient armed personnel to provide security at all flashpoints, including political party offices, Government House, INEC HQ, Banks, Commercial Areas, mosques, churches, recreation centres and motor parks before, during and after the judgment.

“I am giving 100 per cent assurance to all law abiding residents of the state to go about freely with their legitimate daily activities without threat to lives and property,”the commissioner said.

He said armed security personnel would be in all identified strategic locations to ensure that they embark on  surveillance duties and provision of physical security during and after the judgment.

Gumel expressed optimism that security measures already put in place would promote peaceful coexistence amongst the residents.

He called on all residents to keep cooperating with the armed security personnel and to share actionable intelligence information on any person or group planning to disrupt the peace or embark on violent protests before and after the Supreme Court judgment been scheduled to hold on Friday