Thursday, 31 December 2015

Appeal Court Upturns Mama Taraba’s Victory



A court of appeal sitting in Abuja today, December 31, has upturned the decision of the Taraba state election tribunal which declared the All Progressives Congress (APC)’s Aisha Alhassan the winner of the Taraba governorship election.

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If Aisha Alhassan becomes a governor, she will be the first female governor-elect in Nigeria.
According to Sahara Reporters, the court decided in favor of the candidate of the Peoples Democratic Party (PDP)’s candidate, Governor Darius Dickson Ishaku, ruling that Ishaku’s nomination by the PDP could not be questioned by a non-member of the party.

The Justice Danladi Abubakar-led tribunal had on November 7 sacked the Peoples Democratic Party’s Ishaku and declared All Progressives Congress’ Aisha Alhassan the winner.



But Governor Darius Ishaku, who expressed confidence in holding on to his position, following the possibility of going to the poll for a third time, filed an appeal asking the court to set it the judgement of the state tribunal aside.

Ahead of today’s judgment, on December 21, the Justice Abdul Aboki-led five-man bench of the appeal court heard three appeals and a cross-appeal by the APC.

Below are our updates from the court ruling:

15:19 Ishaku wins the appeal.

15:18 Declaring Alhassan/APC winner of the poll by tribunal violates section 140(2) of Electoral Act is null and void.

15:17 “It was a gross misdirection on the part of the tribunal to have declared APC/Alhassan as the winner.”

15:07 This tribunal is like a football match: two issues are in favour of the APC, two are in favour of the PDP.

15:02 Issue 5 is resolved against APC/Alhassan, however, the justice is back to issue 4 (whether the tribunal has power to declare APC/Alhassan the winner even after disqualifying PDP/Ishaku).

14:50 Issue 5 is in progress.

@MobilePunch #TarabaElection
 A’Court resolves issue 4 against APC/Alhassan
— ADESOMOJU (@adeadesomoju)
 December 31, 2015

14:30 Appeal Court: – APC/Alhassan has no locus stand to complain about the improper conduct of PDP’s primary;
 – The only participant in a primary can complain about its improper conduct; – The issue of conduct of primary cannot be subject of dispute for adjudication by election petition tribunal.

@MobilePunch #TarabaElectionJustice Aboki says
APC/Alhassan has no locus standi to complain of PDP’s failure to give 21-day notice to INEC
 — ADESOMOJU (@adeadesomoju)
 December 31, 2015

14:03 Third issue is in process. A correspondent of The Punch reports on ground:

@MobilePunch #TribunalElection
2nd issue on alleged incompetence of the grounds of APC/Alhassan is resolved against PDP/Ishaku
— ADESOMOJU (@adeadesomoju)
 December 31, 2015
@MobilePunch #TribunalElection
 PDP/Ishaku also argues under Issue 2 that APC/Alhassan’s prayers contradicted section 138(1) or Electoral A
 — ADESOMOJU (@adeadesomoju)
 December 31, 2015
@MobilePunch #TribunalElection
 Justice Aboki now on 2nd issue
 — ADESOMOJU (@adeadesomoju) December 31, 2015
@MobilePunch #TribunalElection
1st issue resolved against PDP/Ishaku, says APC/Alhassan’s witness statements complied with Electoral Act
— ADESOMOJU (@adeadesomoju)
December 31, 2015

See tweets by Alhassan below on the appeal court sitting:

Reading of judgement has commenced by the prisiding judge. #Justice4Mama @APCNigeria @APCUKingdom
 @Ayourb
 @P_Muye — Sen. Aisha Alhassan
 (@SenAishaAlhassn)
December 31, 2015
Counsels announcing thier appearance in court
 @Ayourb
 @P_Muye
 @APCNigeria
@APCUKingdom — Sen. Aisha Alhassan
 (@SenAishaAlhassn)
 December 31, 2015
Good afternoon everyone, the panel of judges to delivered the judgement of PDP’s appeal are seated now. @APCNigeria @APCUKingdom — Sen. Aisha Alhassan (@SenAishaAlhassn) December 31, 2015
Alhassan, who is fondly called Mama Taraba, is currently serving as the minister of women affairs after being nominated and sworn in by President Muhammadu Buhari. If she secures the Taraba governorship seat, she would become Nigeria first female acting governor.

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