Sentiments arising from the Supreme Court ruling on the Taraba state governorship tussle have reopened bitter fight among political leaders in the state. STEVE OSU takes a look at the issues, the judgment, peoples’ reactions and expectations.
When the Returning Officer posted to take charge of Taraba state governorship election in 2015 by the Independent National Electoral Commission [INEC], Prof. Kyari declared the candidate of the then ruling People’s Democratic Party [PDP] Arc. Darius Dickson Ishaku, the winner of both the election and the rerun that took place on the 11th and 25th April 2015 respectively, the candidate of the opposition party, the All Progressives Congress, Sen. Aisha Alhassan and her party petitioned the electoral umpire and the winner of the election to the governorship election tribunal sitting in Abuja and later cross appealed the verdict of the tribunal.
Background
The Taraba state governorship elections were slated for 11thn April 2015, the elections were done simultaneously in all the one thousand seven hundred and eight nine pulling units, cutting across the one hundred and eighty seven wards and the sixteen local government areas and the development area of Yangtu.
A substantial number of results were cancelled in Bali local government cutting across several pulling units, but did not occasioned the cancellation of the entire local government results, but the cancellation of results in five pulling units in Donga local government area of the state became the reason for the cancellation of results in the entire local government. The decision by Prof. Kyari attracted mix reactions throughout the state.
The opposition All Progressives Congress who were trailing behind the Peoples Democratic Party as the results were turned in, hailed the decision of the electoral umpire, but the sympathizers of the ruling party in the state quarry the rationale behind the cancellation, as reactions were still exchanging hands the rerun was scheduled for 25th April, just two weeks away.
On the 26th day of April all the results from the pulling units that attracted rerun had been turned in and Behold the PDP candidate was returned the winner, the APC through their state Chairman Alhaji Hassan Ardo, and their candidate Aisha Alhassan all rejected the results and called on INEC to disregard the results and conduct a fresh election.
The grounds of the petition
The petitioners, the All Progressives people’s congress [APC] Taraba state chapter and her governorship candidate Aisha Jumai Alhassan, both through their legal team headed by A.J. Owonikoko SAN and sixteen other lawyers approached the Taraba state governorship election tribunal with the following demands, that the first respondent , thus, as at the time of the election was not dully nominated by his party the PDP a condition precedent under the provisions of the constitution of the federal republic of Nigeria, 1999 as amended.
That the election and return of the first respondent was invalid by reason of substantial non compliance with the provisions of the electoral act 2010 as amended and approved guidelines and regulations for the conduct of the 2015 election, and manual for election officials 2015 which non compliance substantially affected the result of the election.
That the election and return of the first respondent was invalid by reason of corrupt practices which vitiated the election and also that contrary to results announced by INEC who are referred to in the petition as third respondent the petitioner has the majority of the lawful votes cast and satisfied the mandatory threshold and spread across the local governments areas of the state, and ought to have been declared winner and returned as the dully elected governor of Taraba state in the April 11th and 25th 2015 governorship election.
The reliefs sought
That it should be determined that as at the time of the election the first respondent who was returned elected governor of Taraba state was not qualified to contest election having failed to meet the constitutional requirements, of being sponsored by a political party.
The petitioner also requested the tribunal to determine that the return of the first respondent as the governor of Taraba state in the election held on the 11th and 25th April 2015 was void for corrupt practices and substantial non compliance with the sections of the electoral act 2010 as amended.
The petitioner also sought relief that the first respondent was not duly elected or returned in the pulling units complained of in Ardo kola, Bali, Donga, Ibi, Jalingo and Karim Lamido, others are Kurmi, Lau ,Takum, Ussa, Wukari , Yorro and Zing local governments areas of the state.
An order that the petitioner who is the candidate of the APC in the election be issued with the certificate of return as the duly elected governor of Taraba state pursuant to the election held on the 11th and 25th April 2015.
Contradictions in the petition
The petitioner after alleging the fact that Arc. Darius Dickson Ishaku was not duly elected, the petitioners in paragraph three of the petition address Arc. Ishaku as a member of PDP, the petition further said the later was the candidate of the people’s Democratic Party in the same election.
The petitioner also contradicted her stand when she earlier alleged that PDP did not sponsor a candidate in the said election but later admitted to the fact that PDP actually sponsored Arc. Darius Dickson Ishaku as their candidate as contained in Paragraph 4 of the petition.
On the strength of the pleadings and evidence of the parties, before the tribunal, the lower tribunal made findings of facts that APC and her governorship candidate in the state were unable to establish electoral irregularities or over voting and accordingly could not sustain the other three grounds in the petition.
But in its judgment, the lower tribunal held as follows, the election and return of the first respondent as governor of Taraba state in the election of 11th and 25th April 2015 was declared null and void.
The certificate of return issued to the first respondent was also withdrawn, the petitioner, senator Aisha Alhassan was declared the winner of the Taraba state governorship election held on the 11th and 25th April 2015.
Issues at appeal
Not satisfied with the verdict of the lower tribunal, the governor of Taraba state and his sponsor which is people’s democratic party [PDP] through their legal team headed by Kanu G. Agabi SAN with other thirty lawyers, filed an appeal with ten grounds but the appeal tribunal harmonized the ten grounds into five as thus
1. Issue 1, concerning witness statement on oath attached to the respondent petition.
2. Issues 2, 3 and 8 dealing with the allegations that the petitioners ground of the petition and the reliefs sought are opposed to each other and that the petitioners introduced extraneous laws and regulations in the grounds.
3. Issues 4,6and 7 dealing with the ground of the non qualification of the appellant to contest election to the office of the governor of Taraba state.
4. Issue 5 concerning the allegation of failure of the lower tribunal to review and give consideration to the evidence of the 51witnesses called by the appellant in the defense of the petition.
5. Issue 9and 10 dealing with the declaration of the first respondent as the winner of the election.
The position of the Appeal Court on the matter
After a careful examination of the issues raised and the defense put forward the appellant court resolved through a judgment delivered by justice Abdu Aboki, on behalf of four other justices as follows.
“The election and return of the 1st respondent [Arc. Darius Dickson Ishaku] as governor of Taraba state in the election of 11th and 25th April 2015 is hereby upheld and sustained
The certificate of return issued on the appellant by the forth respondent to this appeal remains valid.
The petition of the first and the second respondent are hereby dismissed in toto “
Reactions
The governor of Taraba state Arc, Darius Dickson Ishaku told journalists that the judgment of the appeal court has given hope to the common Nigerians, he also said his doors are open to embrace opposition as they are all indigents of Taraba and therefore should join hands with him to be part of the success story of the rescue team, the governor also said he holds the judiciary in high esteem that was why he did not hesitate in going on appeal added that he is vindicated by the verdict of the appeal.
But centrally to the opinion hold by Ishaku, the candidate of the All Progressives Congress in the governorship election of 11th and 25th April 2015 Sen. Jumai Aisha Alhassan, told reporters in Abuja that she is not satisfied with the verdict of the tribunal and was on her way to the supreme court, she also said she is confident that she will get judgment at the apex court.
The member of the Nigerian 6th senate appealed to her supporters in the state to remain calm as she will stop at nothing in ensuring that her mandate is not stolen, according to her she was the duly elected governor of Taraba state in the April general election and will fight until she claim her mandate,
The Attorney General of Taraba state and Commissioner for Justice Barr.
Yusufu Nya Akirikwen, told Blueprint that one of the sources of Nigerian Laws is court precedent, he however faulted the decision of the lower tribunal to turn a blind eye at several appeal and supreme court’s precedents, he however said the tribunal justices are human and the judicial process in the country is conscious of that that is why there are other steps to take in a situation of an unfavorable court decision. Sighting several other precedents the Attorney General said the candidate of the All progressives congress senator Aisha Alhassan as rightly viewed by the appeal court justices had no locus standi to challenge the nomination and sponsorship of Darius Ishaku by the PDP.
Senator Emmanuel Bwacha said it is only to avoid setting a bad precedent, he would have been of the opinion that INEC should conduct another fresh election in Taraba and twenty times PDP will win twenty times, he added that the judiciary is the last hope of the common man and cannot afford to fall Nigerians, he however advised politicians to embrace the spirit of sportsmanship.
The state chairman of the All Progressives Congress, Hassan Jika Ardo also rejected the outcome of the election as announced by INEC, he also disagree with the decision of the appeal court but is confident that his party will reclaim their mandate at the supreme court, he explained further that justice in the case is only delayed but cannot be denied.
The former chairman of the people’s democratic p[arty in the state and now a chieftain of the All progressive congress, Dr. Abdulmumini Vaki told Blueprint on phone that it will never be business as usual, according to him the votes of the people of the state must count, senator Aisha is only waiting for time to assume duty in government house Jalingo.
“Destiny can only be delayed but it can never be denied, and mind you the time we rig elections and get away with it has passed now the votes must count, we must rule Taraba as were have the popular votes of the people of Taraba.”
Expectations
All the parties are playing an interesting game to the people of the state as every one of them is laying claims on the mandate of the over three million people of Taraba, no matter how long it will take, the days will certainly come to pass, and whoever will take charge must keep their campaign promises which were the basis for the covenant.
The expectations of the over three million people of Taraba are that before the Supreme Court verdict Arc. Dickson Darius Ishaku is in power and should not hesitate to take charge, in providing the needed basic social amenities of portable and safe water, good roads, quality education quality healthcare and above all security for lives and property. These expectations are based on all the one hundred and sixty eight wards cutting across the sixteen local government areas and in all the over sixty ethnic groups that comprise what is called Taraba.
