The Court of Appeal in Abuja has affirmed the election of Dr.Kefas Agbu of the People’s Democratic Party, PDP as the governor of Taraba State in the March 18 Governorship elections.
In a unanimous judgement of the three-member panel of Justices of the court delivered by Justice Peter Affen, the appellate court held that the New Nigerian Peoples Party, NNPP and its governorship candidate, Professor Yahaya Sani, who were appellants in the appeal were not consistent in their petition against the March 18 governorship election.
Justice Affen held that while NNPP and Sani prayed for nullification of the election on ground of non compliance with the Electoral Act, the duo in another breath prayed the court to pronounce them as winners of the same election on ground of scoring majority of lawful votes.
The court held that it is against the law for any litigant as in the case of NNPP and its governorship candidate to blow hot and cold at the same time.
He further held that, having prayed that the election be nullified on account of non adherence with the Electoral Act, the alternative prayer that, they be declared winner of the same election have no legs to stand upon.
Besides, the Court of Appeal held that the record of proceedings transmitted to the court was not complete and thereby rendering their appeal incompetent.
Justice Affen consequently dismissed the appeal for lacking in merit.
Recalled that a three-man panel of justices led by Justice G. A. Sunmonu of the Taraba state Governorship election petition Tribunal had, on September 30 dismissed the petition filed by the NNPP and its governorship candidate for lacking in merit.
Confidence Okwuchi
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