By Shishang John
January 12 2024
The Supreme Court will today, Friday, give final decisions on the governorship election disputes from Lagos, Kano, Zamfara, Ebonyi, Plateau, Abia, Cross River, and Bauchi states.
The Supreme Court will Friday lay to rest the disputes over the outcomes of the March 2023 governorship elections in eight states.
The states are Lagos, Kano, Zamfara, Ebonyi, Plateau, Abia, Cross River, and Bauchi.
The cases which started at the various election petitions tribunal in the various states gave rise to decisions which aggrieved parties had appealed against at the Court of Appeal and subsequently at the Supreme Court. The Supreme Court is the third and final level of appeal on governorship election disputes.
Kano and Plateau states are bound to receive more public attention than others because the Supreme Court’s decisions will determine if the governors of the two states, who had been sacked by the lower courts, will remain in office after today’s proceedings.
Both the Kano State Governorship Election Petitions Tribunal and the Court of Appeal in Abuja, had sacked Governor Abba Yusuf, of the New Nigeria Peoples Party (NNPP). The two courts declared Mr Yusuf’s most formidable opponent in the March 2023 governorship election, Nasiru Gawuna of the All Progressives Congress (APC), as the validly elected governor of Kano State.
For Governor Caleb Mutfwang of Plateau State, his election was affirmed by the Plateau State Governorship Election Petition Tribunal, but the Court of Appeal in Abuja, in its judgement delivered on 19 November 2023, overturned his victory, prompting him to file an appeal at the Supreme Court to challenge the lower court’s decision.
Kukuruku 105.9 Radio FM is on ground to cover the proceedings and provide live updates as the Supreme Court reads its judgements on each of the cases.
9:27 a.m: Eight Justices of the Supreme Court led by John Okoro files into the courtroom.
Since a panel on the Supreme Court is made up of either five or eight justices, it implies that justices who are now seated belong to more than one panel. The likelihood is high that the different panels are made up of overlapping members.
“The pressure of work is much,” Mr Okoro said, adding that the court would only deliver the judgement but give its reasons at a later date.
9:30 a.m: Registrar calls Lagos governorship election appeal.
9:32 a.m.: Shuabu Aruwa, SAN announces appearance for the Labour Party governorship candidate in Lagos, Gbadebo Rhodes-Vivour, an appellant challenging Governor Babajide Sanwo-Olu’s election.
9:33 a.m.: Bode Olanipekun, SAN announces appearance for Governor Sanwo-Olu.
9:38 a.m.: Justice Lawal Garba reads the lead judgement on the Labour Party’s appeal on the Lagos State governorship election appeal.
9:39 a.m: Justice Lawal Garba evaluates the pieces of evidence that were tendered before the Supreme Court.
9:40 a.m: Justice Lawal notes the main ground of the appeal which is that Gbadebo Rodes-Vivour contended that Mr Babajide Sanwo-Olu was not properly nominated by the APC to vie for the 18 March 2023 governorship election on the basis that his running mate and now his deputy allegely holds dual citizenship of Nigeria and the United States.
9:42 a.m: The Justice reviews the decision of the Court of Appeal which affirmed Mr Sanwo-Olu’s victory.
9:44 a.m: Justice Garba goes to the sole issue that will determine the appeal.
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9.46 a.m: Justice Garba faults unnecessary repetition of issues by the Labour Party’s legal team.
9:50 a.m: The Justice says when interpreting constitutional provisions, the court should bear the responsibility of the citizens in mind.
He reviews the provisions of section 177 of the Constitution, which provides clearly that the conditions to be met for a person to contest for the office of governor in Nigeria.
He says the law provides that for a person to be qualified to be a governor in Nigeria, he must be a citizen by birth.
9:53 a.m: The Justice says once a citizen attains 35 years and has a school certificate, he is qualified to vie for office of the governor.
9:58 a.m: Justice Garba says the provisions of the Constitution are interdependent and must be interpreted together while reviewing facts before the court.
10:01 a.m: Justice Garba also notes that the essence of the Constitution is to preserve the citizenship of Nigerians.
10:02 a.m: The court says section 28 of the Constitution provides for a person who is not a citizen of Nigeria by birth.
A person who is a citizen of Nigeria by birth is clearly entitled to contest any election in Nigeria, Mr Garba says
11:04 a.m: There is no provision in the Constitution that strips a Nigerian by birth of his citizenship on account of acquiring the citizenship of another country, the Justice adds.
