Govs Ikpeazu, Okowa, Ishaku Win At Supreme Court

The Supreme Court on Wednesday affirmed the elections of Governors Okezie Ikpeazu of Abia, Ifeanyi Okowa of Delta and Darius Ishaku of Taraba States.

The apex court dismissed the appeal of Alex Otti, candidate of APGA against the election of Ikpeazu of the Peoples Democratic Party (PDP) in the last general election.

At the onset of proceeding on Wednesday, counsel to Otti and APGA Lateef Fagbemi adopted his processes.

According to him, claims by the Appellate Court that the documents tendered at the tribunal were dumped on the court should be set aside.

Fagbemi argued that the findings by the Appellate Court that the documents tendered were not true certified document was also an error because the issue of proper certification did not arise.

He added that there must be respect for the rule of law and the required procedure.

In the final analysis, he asked the court to allow the appeal and set aside the position of the Appellate Court and order a fresh election.

On his part counsel to INEC, Zakawanu Garba asked the Supreme Court to dismiss the appeal.

Counsel to Governor Ikpeazu, Wole Olanipekun also asked the court to dismiss the appeal.

According to him the appellant came third and wants to usurp.

Olanipekun said the appellant wants to make a mountain out of a molehill of evidence at the trial tribunal when the tribunal has already said it is not of any probative value since the maker of the document was not called to testify with respect to the document.

He further stated that it is an error for the appellant to ask the court to take notice that his client did not appeal the tribunal position on the documents, adding that there is nothing in this appeal.

The counsel to the appellant was in Atiku vs Muhammadu Buhari and he made a clear statement in that case, noting that the court cannot make any decision based on hearsay.

He also added that it is law sanctioned by the apex court that INEC guidelines are not and cannot be accorded the same standing with the provisions of the constitution.

The smart card reader he stressed cannot depose or dethrone the election register.

Judgment was stood down briefly but on reconvening, the court reached an agreement that the governor’s election remains valid.

In the case of Okowa of the PDP, Justice Centus Nweze held that the appellant, Great Ogboru failed to prove allegations of over-voting.

He said that the appeal is a waste of the precious time of the Apex Court.

In a unanimous judgment in the Taraba case delivered by Justice Ejembi Ekwo, the court held that the counsel to the APC admitted that the party had no candidate in the election and therefore has no locus standi to contest the election of the governor.

The Judge added that the appellant conceded the fact and went ahead to suggest that the Supreme Court allow one professor to step into the shoes of the disqualified candidate.

Justice Ekwo held that the law is clear on the issue of disqualification of a candidate.

He held that the replacement sort by APC did not participate in the election and cannot be accorded such value, adding that having resolved all the issues against the appellant the effect of the disqualification is that all the votes cast for that candidate are wasted votes and cannot be scooped from the ‘dustbin’ and given to another.

He concluded that for a petition to be valid it must fulfill all conditions of law which is not in this case.

“This petition is a mere academic exercise and cannot be given any value; and being an abuse of court process, it shall be and is hereby dismissed,” the Judge noted.