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Court Sacks Another PDP Gov  print

Published on February 24, 2012 by   ·   7 Comments

The Supreme Court on Friday nullified the election of Kebbi state Governor Usman Saidu Dakingari of the Peoples Democratic Party, PDP, and ordered the Independent National Electoral Commission, INEC, to conduct a fresh governorship election in the state within 90 days.

Usman Saidu Dakingari

The decision of the court was premised on the failure of the Sokoto Division of the Court of Appeal which had earlier upturned the decision of the Kebbi state Election Petition Tribunal which also nullified the governor’s election.

The Court of Appeal while affirming the governor’s election delivered its judgment on 29 December 2011 but deferred the reason for its decision to 23 January, 2012, a day clearly out of the 60 days prescribed by section 285 (7) and (8) of the nation’s constitution as amended.

The 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 defer 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.

According to Justice Walter Onnonghen who delivered the decision of the court, “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.”

The court subsequently upheld the appeal of the candidate of the Congress for Progressive Change, CPC, Abubakar Malam Abubakar which challenged the validity of the decision of the Court of Appeal and declared the Court of Appeal’s decision invalid and a nullity.

—Nnamdi Felix/ Abuja

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Posted by on February 24, 2012, 2:00 pm. Filed under Metro, News, Today's Headlines. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

7 Comments for “Court Sacks Another PDP Gov”

  1. Agborandun

    Good for PDP (People Deceiving People)

  2. Tony O

    Thank God the Governor is from the PDP. If he is from the ACN, Joe Igbokwe and his numerous oga boys would have taken over the print media and airwaves. This is a good developement, and it is hoped that all parties will welcome the result of the fresh election. We should not be wasting all the monies we are wasting on elections if our politicians are matured and honest.

  3. I doubt it if PDP will not win the election again whenever it is reconducted.

  4. Princewill Egbema

    Whichever way you look at it, PDP is still the winner. The man will participate in the next election, he will win as usual, and he will begin a fresh term of four years.

  5. Concerned Naija

    Why does the Supreme Court bother ordering a fresh Election with INEC? It is obvious PDP will WIN. Landslide sef. They win by Scientific Rigging, which they have perfected.

    What is the sense in a court asking for fresh election if the election was rigged in the first place. Won’t he simply rig again!? There should be punishment for the Rigging to discourage rigging, and not just a simple case of Fresh election. else, they will continue to Rig perpetually.

    Simple, if you got there by rigging, the court should disqualify all the rigged votes, and grant the person with the highest VALID Votes as the winner.

    Any election held now by INEC will be won by PDP, and they will tell you to go to court. If court orders a fresh election, PDP will win AGAIN and AGAIN!!.

    The only time they might not WIN, is IF (big IF) the Governor in that state is NOT PDP and he deploys state resources to counter the Federal Might…e.g. Deploys state commissioners with other state funded Policemen and DPO to ensure the normal Arrest of party Agent is curtailed, and also, ensures no intimidation of the INEC officers. This is tough as the Federal Government Centre is very powerful.

    At least now with the court decisions, we can see the Quality of elections JEGA with the multiple billions conducted!!!

    I have no political preference, I however have an issue with this non-democratic way of winning Democratic elections.

    • Otunde

      What in this article says that the reason for the ordering new election is because of rigging? Some Nigerians are of the opinion that unless the opposition wins, the election could not have been free and fair, that is wrong. All Political Parties in Nigeria have their faults, they all rig anywhere they are most popular with limited opposition.

      The problem is not INEC, the problem is that Nigerians can be bought with just a few naira. Until you can make Nigerians refuse bribes no matter how much, you will always have things like rigging. However, very often where they are able to rig, they often would have won even without rigging, only with less margin that when they rig.

  6. Agborandun

    Let me keep my fingers crossed

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