The Court of Appeal, sitting in Abuja, overturned the prior nullification of Governor Abdullahi Sule’s election in Nasarawa State by the Governorship Election Petition Tribunal.
In a unanimous decision delivered by Justice Uchechukwu Onuemenam, the three-member panel invalidated the tribunal’s ruling, which ousted Governor Sule of the All Progressives Congress (APC).
Justice Onuemenam emphasized that the tribunal had erroneously relied on legally inadmissible evidence to declare the Peoples Democratic Party (PDP) candidate, David Ombugadu, as the legitimate winner of the March 18 governorship election in the state.
The court noted that the tribunal had improperly considered testimony from eight witnesses produced by the PDP candidate, as their statements on oath were not included alongside the petition within the stipulated time frame, contravening legal statutes.
Citing constitutional provisions and electoral laws, the appellate court removed all evidence and exhibits presented by the eight witnesses before the tribunal.
It further discredited the testimony of the 12 remaining PDP witnesses, deeming it insufficient to uphold the tribunal’s judgment.
The Appeal Court criticized the tribunal’s decision to deduct 1,868 votes from Governor Sule, citing over-voting in four polling units.
It highlighted the lack of substantiated evidence from the petitioners to prove over-voting, expressing dissatisfaction with the insufficient demonstration concerning the Bimodal Voter Accreditation System (BVAS) machines and other electoral documents.
Moreover, the court condemned the tribunal’s dismissal of APC candidate witnesses’ evidence, labeling the action as “perverse.”
It asserted that none of the witnesses for the PDP and its candidate presented valid evidence for the tribunal to consider.
Consequently, the Appeal Court dismissed the tribunal’s majority judgment delivered on October 2, revoking the directive that the Independent National Electoral Commission (INEC) withdraw Governor Sule’s Certificate of Return as the election winner.
