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Supreme Court on Thursday dismissed the appeal filed by candidate of the African Democratic Congress (ADC), Nafiu Bala, against the election of Muhammad Yahaya, as Governor of Gombe State.
A five-member panel of the apex court led by Justice Kudirat Kekere-Ekun dismissed the appeal, shortly after it was withdrawn by the appellants.
Meanwhile, the apex court has adjourned to Friday for judgment in the other appeal filed by Jibrin Barde of the People’s Democratic Party (PDP).
The panel fixed Friday for judgment shortly after parties adopted and argued their briefs of arguments in the appeal which expires on Sunday January 21.
At the hearing, the apex court panel confronted counsel to the ADC and Bala’s lawyer, Mr Herbert Nwoye on the incompetence of his client’s case and the need not to waste the court’s time.
Nwoye subsequently applied to withdraw the appeal which was not opposed by the respondents and was accordingly dismissed.
The Court of Appeal in Abuja had in November last year affirmed the election of Muhammad Yahaya as Governor of Gombe State.
The appellate court had affirmed Yahaya’s election shortly after dismissing two separate appeals challenging his declaration as winner of the March 18 governorship election in the state.
Delivering the lead judgment in the appeal marked: CA/G/EP/GOV/GM/11/2023 and filed by the candidate of the People’s Democratic Party (PDP), Jibrin Mohammed Barde, the presiding Justice, Theresa Orji-Abadua held that the appeal was without merit and subsequently dismissed it.
According to the judgment, the petitioners at the lower tribunal, failed to prove their allegations of non-qualification, perjury and certificate forgery raised in the petition.
After dismissing the appeal, the panel subsequently affirmed the judgment of the trial tribunal which had upheld the declaration of Yahaya as governor.
By Garry Ochigbo, Edited By Grace Namiji
Written by: Blessing Nyor
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