Election Tribunal Sack Taraba State Governor Ishaku: Serious Posers For Nigeria Judiciary

ABUJA, Federal Republic of Nigeria. (Unic Press UK) — The Election Petition Tribunal in Abuja, on Saturday, 7 November 2015, ruled that the election of the People’s Democratic Party (PDP) gubernatorial candidate Darius Ishaku as Taraba state governor is null and void.

Darius Ishaku

The Tribunal declared that the All Progressives Congress (APC) candidate Jummai Alhassan was the winner of the gubernatorial election that was held on 12 April 2015, having secured the second highest number of votes during the election.

Jummai Alhassan

Details of the ruling, which was received by the Unic Press UK correspondent, confirm that the Chairman of the election Tribunal, Judge Danladi, relied on a report by the Independent National Electoral Commission (INEC) that People’s Democratic Party (PDP) candidate Darius Ishaku was not duly nominated as the gubernatorial candidate of the People’s Democratic Party.

Many have argued that: what is unclear [perhaps dubious] is how the electoral body, which accepted / allowed Ishaku to be on the ballot, could easily turn round claiming that he was not properly nominated by the PDP. However, it appears that INEC has no powers to disqualify any candidate given a Supreme Court ruling in the case of Action Congress v INEC (2007).

Given the provisions of Section 140 of the Electoral Act 2010, it is fair to say that, this is another ruling by an election Tribunal that has triggered a series of posers for Nigeria judiciary under the administration of President Buhari.

Section 140 of the “Electoral Act 2010 (As Amended) – Nullification Of Election By Tribunal Or Court”, reads:

“(1) Subject to subsection (2) of this section, if the Tribunal or the Court as the case may be, determines that a candidate who was returned as elected was not validly elected on any ground, the Tribunal or the Court shall nullify the election.

“(2) Where an election tribunal or court nullifies an election on the ground that the person who obtained the highest votes at the election ‘’was not qualified’’ to contest the election, the election tribunal or court ‘’shall not’’ declare the person with the second highest votes as elected, but shall order a fresh election.”

People’s Democratic Party (PDP) candidate Darius Ishaku said at a news conference in Taraba state capital Jalingo that he will challenge the ruling of the Tribunal by filing an appeal at the Court of Appeal.

APC announced the ruling before the Tribunal, Says PDP

The People’s Democratic Party of Nigeria (PDP) is claiming that the All Progressives Congress (APC) announced the decision of the election Tribunal before the Judge read the ruling.

The PDP press statement “Taraba: Conclusive Evidence Of Judicial Double Standard Against The PDP”, reads:

1. Saturday’s judgment of Taraba election tribunal in favour of APC candidate, another evidence of executive interference in judiciary.
2. Reason given by tribunal for arriving at the bizarre decision is intriguing; and further exposes the contradictions and double standards inherent in most tribunal rulings against PDP interests recently.
3. It is rather curious and a great conflict of irony that the Taraba tribunal sitting in Abuja on security grounds
4. Taraba state tribunal ruling again brings to the fore the organized plan by the President Buhari-led APC FG to deploy all unorthodox means to decimate the opposition.
5. It is rather curious and a great conflict of irony that the Taraba tribunal sitting in Abuja on security grounds, faulted the conduct of PDP primaries shifted to the same Abuja on security reasons”.
6. The PDP said if the tribunal is faulting the party primaries as basis for its decision, it then means that no APC guber candidate can stand the test, as their party never had acceptable primaries in any of their states.
7. The PDP wants democracy watchers globally to recall that it had earlier alerted the nation and the international community of the grand design by the APC to use the judiciary to wrestle some PDP states, particularly Rivers, Akwa Ibom and Taraba states.
8. Evidence that Taraba ruling was a product of Presidency manipulation can be deduced from the fact that few hours before the judgment was delivered, the APC had arrogantly announced their victory on the new media.
9. We are totally confounded by the brazing show of power by the executive and warned that the development clearly portends grave danger to our democracy and indeed national cohesion and development.
10. Finally, we call on our members across the country, especially in Taraba state to remain undaunted as the appellate courts will restore its well-deserved victory.

Credit: Unic Press UK