The Court of Appeal, Abuja Division, on Thursday affirmed Senator Kaka Shehu Lawan of the All Progressives Congress as the winner of the February 25, 2023, senatorial election for the Borno Central senatorial seat.
The court held that the appellants, Mohammed Kumalia, and his party, the People’s Democratic Party, were unable to prove their case before the court to warrant the nullification of the election.
The three-man panel of justices, led by Hon. Justice Abraham Georgewill, assisted by Folashade Ojo and Peter Obiora therefore upheld the declaration of Senator Lawan as the duly elected senator representing the Borno Central senatorial district.
The National Assembly Election Petition Tribunal, sitting in Maiduguri on Friday, September 8, 2023, had also dismissed the appellant’s petitions and affirmed the election victory of Lawan.
Lawan scored 135,043, while Kumalia scored 63,338 votes.
Dissatisfied with the outcome, Kumalia and his party sought the nullification of the election, alleging that the result declared by the Independent National Electoral Commission was marred with irregularities.
Addressing journalists in Maiduguri on the outcome of the verdict on Thursday, Lawan expressed satisfaction with the judgement.
He asked his opponent (Kumalia) to retire from politics and desist from engaging in failed petitions.
Appeal court upholds Kano Rep’s victory
In another development, the Abuja Division of the Court of Appeal on Wednesday nullified the judgment of the Kano National and State House of Assemblies tribunal that declared Mannir Danagudi of the All Progressives Congress winner of the Kumbotso Federal Constituency election.
INEC declared the New Nigeria Peoples Party’s candidate, Idris Dankawu, as the winner of the February 2023 House of Representatives election for the constituency.
Not satisfied with the verdict, Danagudi, approached the election petition tribunal.
The election petition tribunal in its judgment sacked Dankawu on the grounds of certificate forgery.
The NNPP candidate, dissatisfied with the tribunal judgment, proceeded to the Court of Appeal.
On Wednesday, a three-member panel of the Appeal Court, led by Justice Tunji Oyebamiji, delivered a judgment, asserting that the lower court erred in law by prioritising the judgment on Kawu’s certificate, despite the appellant not submitting the same to the Independent National Electoral Commission.
Also, the appellate court ruled that the lower court erred by relying on subpoenaed witnesses to give judgment.
Justice Oyebamiji asserted that Danagudi had failed to provide reliable and credible witnesses to justify the annulment of Dankawu’s victory in the Kumbotso Federal Constituency election.
