Jude Udeh
The Supreme Court has deferred its decision on the appeal filed by the Peoples Democratic Party (PDP) candidate, Saidu Umar, challenging the election of Ahmed Aliyu as Sokoto State Governor. The five-member apex court panel, led by Justice Kudirat Kekere-Ekun, adjourned for judgment after lawyers presented their arguments. Umar and the PDP sought to overturn the concurrent judgments of the election tribunal and the Court of Appeal that upheld Aliyu’s election.
The appellants, represented by Mr. Sunday Ameh (SAN), argued that the Court of Appeal’s judgment was against the weight of evidence. They contended that the court erred in dismissing allegations of irregularities and noncompliance. The appellate court had emphasized the incompetence of witnesses and the failure to provide oral evidence in support of their case.
In response, the appellants invoked the Supreme Court’s precedent in OYETOLA V. INEC, asserting its superiority over recent Court of Appeal decisions cited in the judgment. They urged the apex court to set aside the lower courts’ decisions that affirmed Aliyu as governor.
INEC, Governor Aliyu, and the All Progressives Congress (APC) countered, urging the Supreme Court to dismiss the appeal as incompetent and lacking merit. They defended the lower courts’ judgments as flawless.
The appellants also contested the Court of Appeal’s findings regarding exhibits SW68 and SW87, arguing that the court misunderstood their validity. They requested the Supreme Court to overturn the judgment, declare Aliyu and his deputy disqualified, and order the withdrawal of their Certificates of Return.
Aliyu had won the election with a margin of about 49,000 votes, while the appellants sought the annulment of the election, claiming irregularities in 138 polling units. The Court of Appeal had upheld the election’s validity, emphasizing the appellants’ failure to substantiate their allegations and provide sufficient evidence.
The Supreme Court reserved its judgment, with the date to be communicated to the involved parties. The appellants sought various remedies, including Aliyu’s disqualification, the issuance of a Certificate of Return to Umar, and a possible rerun in the affected polling units.
