By Musa Baba Adamu
The Supreme Court yesterday 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A five-member panel of the apex court led by Justice Kudirat Kekere-Ekun dismissed the appeal shortly after it was withdrawn by the appellants.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 Peoples 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 Barde, the presiding Justice, Theresa Orji-Abadua, held that the appeal was without merit and subsequently dismissed it.
According to 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.
In the other judgment delivered by Justice
Folasade Ojo, the appellate court also dismissed the appeal filed by the ADC and its candidate in the March 18 governorship election, Nafiu Bala.
Justice Ojo held that the appeal was without merit and affirmed the judgment of the trial court.
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