The Supreme Court, on Wednesday, reserved its judgement in the appeal by the New Nigerian Peoples Party (NNPP) and its governorship candidate, Yahaya Sani, challenging the election of Taraba State Governor Agbu Kefas Agbu of the Peoples Democratic Party (PDP) in the March 18 governorship election.
It is important to note that the Taraba State Governorship Election Petitions Tribunal had on September 30, 2023, dismissed the petition by the NNPP and Sani, challenging Kefas’ election for lack of merit.
Dissatisfied, the NNPP and Sani approached the Court of Appeal for redress, asking the appellate court to set aside the tribunal’s verdict and declare them as winners of the governorship poll.
But the Court of Appeal in a unanimous judgement of its three-member panel delivered by Justice Peter Affen, held that the NNPP and Sani, who were appellants in the appeal, were not consistent in their petition against the March 18 governorship election.
Justice Affen further held that while the NNPP and Sani prayed for nullification of the election on the ground of non-compliance with the Electoral Act, the duo, in another breath, prayed to the court to pronounce them as winners of the same election on the grounds of scoring a majority of lawful votes.
The appellate court further held that it is against the law for any litigant, as in the case of the NNPP and its governorship candidate, to blow hot and cold at the same time.
Justice Affen also held that, having prayed that the election be nullified on account of non-adherence to the Electoral Act, the alternative prayer that they be declared winners of the same election has no legs to stand upon.
The Court of Appeal further held that the record of proceedings transmitted to it was not complete, thereby rendering their appeal incompetent and consequently dismissed the appeal for lack of merit.
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