Supreme Court upholds Shettima, Yari’s election

Governor Shettima and the All Nigeria Peoples Party (ANPP) in Borno State had challenged the decision of the Court of Appeal that ordered a retrial of the governorship petition of Alhaji Mohammed Goni and the Peoples Democratic Party (PDP).   In the lead judgement, Justice Walter Onoghen held that the lower court erred in ordering […]

Governor Shettima and the All Nigeria Peoples Party (ANPP) in Borno State had challenged the decision of the Court of Appeal that ordered a retrial of the governorship petition of Alhaji Mohammed Goni and the Peoples Democratic Party (PDP).

 

In the lead judgement, Justice Walter Onoghen held that the lower court erred in ordering retrial of the petition as it amounted to creating a non-existent jurisdiction.

Consequently, the court restored and re-affirmed the decision of the Borno State Election Petitions Tribunal delivered on November 12, 2011 which dismissed the petitions of Alhaji Goni and the PDP  challenging the result of the elections.

“Granted without conceding that the lower court could entertain a complaint against the decision of the tribunal of August 10, 2011 in an appeal against the decision of the same tribunal rendered on November 12, 2011 as it did, it would still be an exercise in futility as the time constitutionally allotted for hearing and determining the petition by the tribunal had long expired by operation of Section 285(6) of the 1999 constitution. The result is obviously of no legal benefit for the 1st and 2nd respondents”, the judge said.

In the Zamfara appeal, the apex court also upheld the victory of Governor Yari of the ANPP.

Delivering the lead judgement, Justice Muntakar Commassie held that both the Zamfara State Elections Petitions Tribunal and the Court of Appeal have done sufficient justice to the petition and therefore aligned himself with it.

“I have gone through the processes filed and heard the argument of counsel and I have come to the conclusion that the appeal lacks merit,” he said, adding, “The judgement of the lower court is hereby affirmed.”

The Peoples Democratic Party (PDP) had approached the apex court praying it to reverse the concurrent decisions of the two lower courts on November 4, and December 22, 2011 in favour of its candidate and former governor, Alhaji Mahmud Aliyu Shinkafi.

Meanwhile, Borno State Commissioner for  Information, Inuwa Bwala has described the Supreme Court verdict which upheld the election of his boss yesterday as as the most pleasing thing for Borno State.

Bwala who described the judgement as a “no winner and no loser” verdict, called on the opposition and other stakeholders to join hands with Shettimas administration to move the state forward.

Bwala said a summit of all stakeholders is in the offing to address the security and other challenges facing the state.