The Supreme Court, in two separate judgments yesterday, upheld the elections of Governors Babangida Aliyu of Niger State and Rabi’u Musa Kwankwaso of Kano State both of the Peoples Democratic Party (PDP).
While delivering the lead judgment on the Niger State governor’s appeal, Justice Mary Odili held that the Congress for Progressives Change (CPC) as the appellant, failed to take the legal way to show the court that the Independent National Electoral Commission (INEC) did not produce the materials requested for its use as evidence.
The court further held that it was not its duty to compel INEC to obey the order, but rather, the onus laid on the CPC to properly inform the court of the disobedience of the Commission. And since the appellant slept on its right, the two lower courts were right in arriving at their decisions.
Besides, instead of taking action on the disobedience of INEC, the CPC only brought the issue at the final address.
The court stated that, the appellant was not qualified to be given the relief it sought for because the entitlement of the appellant did not come into operation.
The Supreme Court disclosed that the election petition tribunals in Niger, as well as the Court of Appeal were within their powers to give judgment that both governors were properly elected during elections.
The apex court dismissed the appeal of CPC for lacking in merit and upheld the decisions of the Tribunal and Court of Appeal which had earlier held that the elections of the two governors were normal, free and fair.
In the Kano judgment, Justice Suleiman Galadima held that the appellant only alleged corrupt practices and substantial non compliance to the Electoral Act but did not go ahead to prove this beyond reasonable doubt.