Supreme Court Dismisses SDP’s Appeal Against Fintiri’s Election

The Supreme Court has rejected an appeal filed by the Social Democratic Party (SDP) and its candidate, Umar Ardo, in the recent Adamawa state governorship election. The appeal aimed to annul the election victory of Governor Ahmadu Fintiri from the Peoples Democratic Party (PDP).

A five-member panel presided over by Justice John Okoro dismissed the appeal, marked: SC/CV/1219/2023 after the appellants’ lawyer, Mr Sylvester Imhanobe applied to withdraw it.

Members of the court’s panel had noted that the appeal did not raise any major issue requiring consideration.

The apex court also dismissed the cross-appeal filed by Fintiri, marked: SC/CV/1220/2023 because of the withdrawal of the main appeal by Ardo.

The court has also reserved judgments in two appeals directed at uneating Abia State Governor, Alex Otti of the Labour Party (LP).

After the appeals were argued by lawyers to parties, Justice Okoro announced judgments in both appeals are reserved till a date to be communicated to parties.

The first appeal, marked: SC/CV/1250/2023 was filed by Okechukwu Ahiwe and his party, the Peoples Democratic Party (PDP) on whose platform he contested the last governorship election.

The second marked: SC/CV/1252/2023 Ikechi Emenike and his party, the All Progressives Congress (APC) on whose platform he contested the last governorship election.

Lawyer to the appellants in the first appeal, Uche Ihediwa (SAN) prayed the court to allow the appeal and set aside the judgment of the Court of Appeal which affirmed Otto’s election.

Ihediwa argued that the two courts below failed to accord the appellant’s fair hearing.

He also claimed that the election tribunal and the Court of Appeal did not properly evaluate his clients’ evidence which informed why they declined to declare the election.

The respondents – the Independent National Electoral Commission (INEC), the Labour Party (LP) and Otti urged the court to dismiss the appeal.
Abiodun Owonikoko (SAN) for the LP and Onyechi Ikpeazu (SAN) for Otti faulted Ihediwa’s case.

They argue that the two lower courts were right in their findings that the appellants failed to lead credible evidence to support their case.

The immediate past Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) argued the appeal by Emenike and the APC.

Malami stated that his client’s appeal is targeted at having the candidates of the LP, PDP, and All Progressives Grand Alliance (APGA) disqualified because they were not properly nominated and sponsored for the election.

Malami argued that the candidates were not members of the parties as at when they contested the election, and therefore violated the provision of Section 177 of the Constitution.

He prayed the court to allow the appeal, set aside the judgments of the tribunal and the Court of Appeal and grant all the reliefs sought.

Lawyers to the respondents including Omosanya Popoola (for the second respondent) and Nnamdi Ahaaiwe (for the seventh respondent) faulted Malami’s argument.

Lawyer to the PDP and Ahiwe (fourth and fifth respondents), Mrs. Udochi Iheanacho said it his clients’ contention that Ahiwe was qualified and fulfilled all the requirements to be sponsored as the candidate for the election.

Mrs Iheanacho added that Ahiwe resigned 30 days before the election as required by the Constitution.

All the respondents (seven in all) urged the court to dismiss the appeal and affirm the concurrent decisions of the two lower courts.