From Lateef Taiwo
Taraba state Governor, Kefas Agbu, has asked the Supreme court to out rightly dismiss the appeal lodged by the New Nigeria Peoples Party, NNPP and its governorship candidate professor Yahaya Sani against his March 18 gubernatorial victory in Taraba State.
PDP and Agbu’s lead counsel Kanu Agabi SAN had requested the apex court to either strike out the case or dismiss it outrightly.
He held that the appeal of the appellants was grossly incompetent to be considered because of the several flaws in the way the case was couched and presented at the Apex Court.
Agabi who led a retinue of senior lawyers told the apex court the case of the NNPP and its governorship candidate was lacking in merit and substance.
The Independent National Electoral Commission INEC adopted the arguments canvassed by the governor’s lawyer in resolving the dispute on the governorship election.
However, lead counsel to the NNPP and Sani, Olusegun Jolaawo SAN appealed to the Justices to allow the case of his clients and grant all the reliefs they are praying.
The five member panel of Justices led by Justice Kudirat Kekere-Ekun reserved judgment for a later date that will be communicated to parties involved after taking their arguments.
Recall that the Court of Appeal had in Abuja affirmed the election of PDP and Kefas Agbu as Governor of Taraba State.
The three-member panel of the appellate court in two separate appeals held that Agbu, was lawfully declared winner of the March 18 governorship election in Taraba State.
The appellate court held that the allegations of non-compliance, irregularities and other malpractices were not proved by the appellants in line with the provisions of the law.
In a unanimous judgment delivered by Justice Peter Affen, the appellate court had faulted the appellants for dumping documents on the court, stressing that even if there was manifest incidents of malpractices or irregularities on the face of the documents, the appellants ought to have led oral evidence to support the allegations.
Besides, the court of appeal had dismissed the appeal for being incompetent and lacking in merit on grounds that the record of proceedings transmitted to the appellate court was not complete.
It will be recalled that a three-man panel of justices led by Justice G. A. Sunmonu of the Taraba State Governorship Election Petition Tribunal had on September 30 dismissed the petition filed by the NNPP and its governorship candidate for lacking in merit.