BREAKING: Appeal Court Affirms PDP’s Agbu Kefas As Taraba Governor, Dismisses NNPP’s Case

The Court of Appeal sitting in Abuja has upheld the judgment of the Taraba State Governorship Election Tribunal which affirmed Agbu Kefas of the Peoples Democratic Party as the duly elected governor of the state.

Following Kefas’ victory at the March 18 governorship election, the New Nigerian Peoples Party (NNPP) and its candidate, Yahaya Sani, challenged the election victory as announced by the Independent National Electoral Commission.

The PDP and its candidate triumphed over their opponents by winning with 257,926 votes.

At the tribunal, the NNPP candidate presented 127 witnesses which were largely polling unit agents.

The NNPP urged the court to invalidate the governor’s election for non-compliance to the Electoral Act of 2022, adding he didn’t score the majority of lawful votes cast.

The NNPP asked the Tribunal to declare that its candidate was elected by majority of lawful votes cast as well as give an order nullifying the certificate of return given to PDP governor while directing the INEC to issue a certificate of return to Sani.

In the alternative, the NNPP prayed that the election victory of PDP be declared invalid by non compliance while an order directing INEC to conduct repeat election in affected polling units in 16 LGAs should be approved by the Tribunal.

But the three man panel of justices of the tribunal dismissed the petition for lacking in merit.

Parties then approached the appellate court through appeals and cross appeal.

Kefas’ lawyer, Kanu Agabi SAN, in his cross appeal, asked the appeal court to overrule the Tribunal for failing to declare the reliefs sought by the NNPP as inconsistent.

Passing its judgment on the cross appeal filed by the governor, the three man panel of the appeal court agreed that the NNPP indeed filed inconsistent reliefs.

The appeal court held that the NNPP cannot be seeking reliefs for the nullification of an election over non-compliance and on the other hand, ask to be returned as governor in the same election.

The appeal court also struck out the alternative reliefs sought by the NNPP as requested by the governor.

“This cross appeal succeeds, ” the appeal court held.

In the main appeal of the NNPP, the appellate court held that the party failed to file the complete record of appeal from the Tribunal.

“This court is duty bound not to hear an appeal upon an incomplete record of appeal, ” the appeal court held, while dismissing the application.

Looking at the merit of the NNPP’s case, the appeal court held the Tribunal cannot be faulted for describing NNPP’s witnesses’ evidence as hearsay evidence.