THE Court of Appeal in Abuja yesterday set aside the
judgment of the Taraba State Governorship Election Petition Tribunal and
affirmed the election of Governor Darius Dickson Ishaku of the Peoples
Democratic Party (PDP).
In a unanimous judgment, the appellate court held
that issues relating to qualifications of candidates and conduct of party
primaries which the tribunal relied upon in arriving at its decision are
pre-election matters which it lacked jurisdiction to entertain.
Besides, the court held that the tribunal acted
beyond its powers by declaring the petitioner and candidate of the All
Progressives Congress (APC), Aisha Alhassan, who scored the second highest
votes as winner of the election instead of ordering for a fresh election.
The tribunal had in its judgment of November 7, 2015
delivered by Justice Musa Danladi Abubakar nullified Darius election because he
did not emerge through a valid party primary.
Delivering judgment in the three appeals and cross-
appeal that emanated from the judgment of the tribunal which sat in Abuja
because of the security concerns in the North-East, a five-member panel of
justices of the appellate court headed by Justice Abdul Aboki set aside the
earlier decision of the tribunal.
Justice Aboki, who read the unanimous judgment, held
that it was a gross misdirection for the tribunal to have declared the APC
governorship candidate, Hajiya Alhassan winner of the April 11, 2015
governorship election in Taraba State on the basis that she scored the second
highest number of votes in the election.
The court also held that from the evidence of
witnesses to the petitioners before the tribunal, Governor Ishaku was validly
elected and sponsored by his party, the PDP to vie for the governorship seat of
the state in accordance with the constitution, the Electoral Act and in
accordance with the election guidelines as laid down by the Independent
National Electoral Commission (INEC).
“Therefore, the judgment of the Taraba State
Governorship Election Petition Tribunal is hereby declared null, void and set
aside in its entirety. The appellant’s appeal is meritorious and is hereby
allowed”, Justice Aboki held and affirmed Ishaku as the duly-elected governor.
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