Zamfara: Supreme Court Upholds Yari's Election

The Supreme Court has upheld the election of Abdulazeez Abubakar Yari of the All Progressives Congress (APC) as Governor of Zamfara State.

In a unanimous decision, a fiveman panel of the court dismissed the appeal by the candidate of the Peoples Democratic Party (PDP) in the election, Mahmud Aliyu Shinkafi.

The court also upheld the arguments of lawyer to Yari and the APC, Mahmud Magaji (SAN).

In a lead judgment read by Justice John Inyang Okoro, the court resolved the two issues in the appeal against the appellants (Shinkafi and PDP).

It then awarded N100,000 cost against the appellants and in favour of Yari and his party.

On their complaint that Yari was not qualified to contest the election on the ground that he did not emerge from a valid primary, the court held that the appellants, not being members of the APC or participants in the primary, lacked the locus to challenge the outcome of the primary.

On the second issue of alleged over-voting, the court held that the appellants "failed woefully" to prove their allegation of over-voting.

Justice Okoro held thus: "All I have said above is that the appellants had no locus standi to challenge the election or nomination of the 1st respondent by his political party, the APC at its primary election of December 4, 2014. The simple reason being that they were not aspirants at the said primary election.

"According to Section 87(9) of the Electoral Act 2010 (as ammended) only an aspirant, who participated in a primary election can challenge it's outcome. The provision is restrictive.

"From the findings above, I agree with the court below that the appellants failed woefully to prove over-voting in accordance with the principles laid down by law.

"The reliance on the evidence of DW1, through a document he did not make has not made any difference.

"There is no doubt that a petitioner is entitled to contend that an election or return in an election be invalidated by reason of corrupt practices or non-compliance with the provisions of the Electoral Act.

"For a petitioner to succeed on this ground, he has to prove (a): that the corrupt or non-compliance took place: (b): that the corrupt practice or non-compliance substantially affected the result of the election.

"There is need for a petitioner, who alleges over-voting to lead concrete evidence to show that there was indeed over-voting and that it inured to the winner of the contest.

"Without doubt, over-voting in an election can be in favour of either the appellant, the respondent or other contestants, who participated and lost out at the election, but are not parties to the petition.

"Therefore, the onus is on the petitioner to show that the over-voting was in favour of the respondent and that it was as a result of the over-voting that the 1st respondent won the election.

"This is why the law requires the petitioner to lead evidence right from the polling unit in order to show that the alleged over-voting was solely to the advantage of the respondent."

"Having resolved all issues adopted for determination of this appeal against the appellants, it is crystal clear that this appeal is devoid of any scintilla of merit and is accordingly dismissed."

Justices Walter Onnoghen, Nwali Ngwuta, Mary Odili, Olukayode Ariwoola, Musa Mohammed and Amiru Sanusi agreed with Justice Okoro's views in the lead judgment.

Shinkafi and PDP had initially challenged the outcome of the election held on April 11, 2015 before the state's governorship election tribunal via a petition marked: EPT/CA/S/ GOV/005/2015.

The tribunal, in its judgment on September 17, 2015, dismissed the petition, a decision Shinkafi and PDP challenged at the Court of Appeal in Sokoto State.

The Appeal Court, in its judgment of November 12, 2015 upheld the decision of the tribunal and dismissed the appeal for lacking in merit, prompting Shinkafi and PDP to appeal to the Supreme Court.