The Court of Appeal sitting in Abuja affirmed the election of Governor Agbu Kefas of Taraba State, as the winner of the March 18 election in the state.
The appeal court in a unanimous decision by a three-member panel of Justices on Tuesday, affirmed the earlier decision of the Governorship Election Petition Tribunal in the state, which upheld Kefas’s victory at the last election.
The lead judgement of the panel led by Justice Chioma Nwosu-Iheme was read by Justice Peter Affen.
The court dismissed an appeal filed by the New Nigerian People’s Party, and its candidate, Prof. Sani Yahaya, challenging the judgement of the tribunal that affirmed the governor’s election.
It held that it found no reason to set aside the verdict of the tribunal, which on September 30, declared Kefas of the Peoples Democratic Party, as the duly winner of the governorship election in the state.
The appellate court faulted the tribunal for not striking out the petition brought before it, by the NNPP and its candidate, stressing that it was legally incompetent.
According to the court, the petitioners, in one breath, sought the nullification of the governorship poll on the premise that it was invalid because of non-compliance with provisions of the Electoral Act 2022. They also turned around and prayed to be declared the winner of the same election.
The apex court held that the petitioners sought both prayers, together, as main reliefs, instead of as alternative reliefs.
It held that reliefs the petitioners sought from the tribunal were “patently incongruous”, saying there was no legal or factual pedestal for a litigant to make inconsistent prayers at the same time.
According to the court, even if one of the prayers came as an alternative relief, the petitioners ought to have anchored it on separate facts.
It held that the legal misadventure of the petitioners was based on their “misapprehension of section 136 of the Electoral Act 2022.”
It held that the tribunal ought to have upheld a preliminary objection that was filed before it by Governor Kefas and struck out the petition for being incompetent.
Consequently, the appellate court vacated a portion of the judgement of the tribunal that dismissed Governor Kefas’ preliminary objection and accordingly struck out the petition for want of competence.
In its overall breakdown, the appellate court held that the appeal lacked merit and dismissed it.
