Former speaker of Kebbi State House of Assembly, Hon. Aminu Musa Habib Jega, was yesterday sworn in as governor of the state, following the Supreme Court judgement annuling the election of Usman Saidu Dakingari in the 2011 gubernatorial election.
The Supreme Court removed Dakingari of the Peoples Democratic Party and ordered the Independent National Electoral Commission (INEC) to hold a rerun in the state within 90 days.
Justice Walter Onnoghen, who delivered the unanimous judgement, set aside the ruling of the Court of Appeal that had earlier confirmed Dakingari’s election on the grounds that the court erred in law when it deferred the reason for its judgement to a date outside the 60 days allowed by the 1999 constitution, as amended.
The apex court consequently set aside the judgement of the court and in its stead, upheld the judgement of the Kebbi State Election Tribunal, which had earlier nullified the governor’s election and ordered a fresh one.
The Court of Appeal had while affirming the governor's election, delivered its judgement on December 29, 2011, but deferred the reason for its decision to January 23,2012, a day clearly out of the 60 days prescribed by Section 285 (7) and (8) of the 1999 Constitution as amended.
The apex court held that the Court of Appeal not being the final court in the determination of appeals arising from the conduct of governorship elections lacked the power to deliver judgment and defered the reasons for its decision, more so, to a date which is outside the mandatory 60 days prescribed by Section 285 (7) of the Constitution.
The court held that, “It is obligatory for the Court of Appeal and the Supreme Court to dispose an appeal within 60 days from the date of the decision being appealed. Section 285 (7) implies that both the decision and the reasons for that decisions, must be completed within the stipulated time.
Any decision without a reason is no decision at all. The Judiciary has no option than to work within the time frame provided by the law”
Delivering the judgement, Justice Mairo Laraba Mohammed, who considered the election petition along with two other justices said the April 2011 election was marred by irregularities as illegal electoral materials were largely used to declare Dakingari winner of the poll.
The governor in turn approached the Court of Appeal to challenge the decision of the tribunal.? However,the Court of Appeal, Sokoto division, reversed the judgment of the tribunal which earlier nullified the election.?
Delivering judgment, Justice Aminu Sanusi, ruled in favour of Dakingari and set aside the judgement of the tribunal. Of the five issues raised as grounds of appeal, Justice Sanusi ruled three in favour and two against Dakingari.
The cross-appeal of CPC and its gubernatorial candidate, Alhaji Abubakar Mallam, praying the appellate court to declare him as the duly elected governor of the state was dismissed for lack of merit.
In the same vein, the apex court yesterday declared Ali Attai Aidoko as the senator representing Kogi East senatorial district.
In a unanimous judgement delivered by Justice Olufunlola Adekeye, the apex court consequently set Senator Ocheja Emmanuel Dangana packing from the Senate.
Meanwhile, the PDP has said it is? shocked at? the verdict of the Supreme Court, which nullified the election of the governor? of Kebbi State, Alh. Saidu Usman Dakingari.
The party said some of the verdicts of the apex court in recent times are capable of brewing tension and? instability.?? “While our faith in the judiciary remains unwavering, we are deeply concerned with the trend of judgments some of which breed unnecessary tension and instability,” the party's national publicity secretary, Prof. Rufai Ahmed Alkali, said in a statement.
Describing the nullification as a temporary setback for the party, the party's spokesman said it is hopeful of winning the rerun and hence asked the party faithful to remain calm.????????????????????????????????????????
“We are? deeply touched by this temporary setback, but we call on all our teeming supporters in Kebbi state to remain calm, law-abiding. “
We however, wish to commend Alhaji Dakingari for all his efforts in the courts and urge him and his team in the State to be steadfast and courageous, while the party prepares for a rerun election which God willing, we shall win,” Alkali said.