S’Court decides on Gov Ortom Friday

The Supreme Court has fixed Friday, January 15, 2016 to deliver its judgment in the appeal challenging the election of Benue State governor, Dr. Samuel Ortom, on April 11, 2015.

Dr. Tarhemen Tarzoor, the Peoples Democratic Party (PDP) governorship candidate brought the appeal after the Court of Appeal upheld the verdict of the Benue State Governorship Election Petition Tribunal that affirmed Ortom’s election.

A full panel of the apex court presided by Justice Walter Samuel Nkannu Onnoghen, on Monday, heard the appeal and reserved judgment for January 15.

Lead counsel for the appellant, Adebayo Adenikpekun (SAN) told the apex court that their case was anchored on the fact that Ortom who contested on the platform of All Progressives Congress (APC) and was returned by the Independent National Electoral Commission (INEC) at the election was not qualified to contest in the election having not being validly nominated by the APC to stand for it.

Adenikpekun said that Section 177 (1) (c) of the Constitution of the Federal Republic of Nigeria, when married with the provision of Section 87 of the Electoral Act, gave the appellants locus standi to challenge the outcome of the election even though they were not members of APC.

According to the appellant counsel, “our case is not an infraction of the Electoral Act, but it is an infraction of the constitution under Section 177. Our case is not based on the irregularities of the election, but that there was no primary election by the APC.
He urged the Supreme Court to dismiss the cross-appeal filed by the respondents and allow the appeal on its merit and declare Dr. Tarhemen Tarzoor winner of the election.

Chief Niyi Akintalo (SAN), the lead counsel to APC, insisted that its candidate Ortom was validly nominated in conformity with the requirements of the Electoral Act, 2010, adding that the burden of proof rests on the shoulders of the appellants.
He urged the court to discountenance the arguments of the counsel to the appellants and dismiss the appeal for lacking in merit.

Akintola also attacked the appeal on ground of locus standi and recommended last Friday’s decision by the Supreme Court, on Alhaji Mahmud Aliyu Shinkafi (PDP) vs Alhaji Abdulazeez Abubakar Yari, where it was held that Shinkafi had no locus standi to challenge Yari nomination process in another party.

Counsel to the APC, Mr. Sabastine Hon (SAN) also recommended the judgment in reference to the court in urging it to dismiss the appeal. Prof. Tony Ijoho (SAN), who appeared for the Independent National Electoral Commission (INEC) adopted the submissions of Akintola and Hon in asking that the appeal be dismissed.