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Nasarawa, S’Court’s litmus test, as guber tussle ends

*How gov’s religious bias allegation may haunt verdict

*Electorates hope apex court will uphold sanctity of ballot box

By Ada Okafor

The Supreme Court will Tuesday deliver judgement in the appeal filed by the Peoples Democratic Party (PDP) governorship candidate in Nasarawa State, Dr. David Ombugadu, challenging the reversal by the Court of Appeal of the judgement of the State Election Tribunal declaring him winner of the governorship election. 

Tuesday’s judgement is coming on the heels of last Friday’s decision of the Supreme Court on the appeals in eight states.

Aside Lagos State, the apex court affirmed the victory of seven governors of opposition parties, a move which earned the Court accolades for relying more on the law than on technicalities. 

Some, however, maintain that Nasarawa would be a test case for the Supreme Court to prove that votes really count in the country and not just whatever that is written by the Independent National Electoral Commission (INEC) on the collation paper. 

Fears are rife that religion may play a key role in how the Supreme Court decides tomorrow. 

Governor Abdullahi Sule set the stage last October when he accused two members of the three-man Election Petition Tribunal of declaring David Ombugadu winner because he is a Muslim. 

Governor Sule’s allegation at the time did not sit well with several Muslim leaders in Nasarawa State. 

One prominent political and Muslim leader, Sen. Walid Jubrin, had accused Governor Sule of unnecessarily whipping up religious sentiments when “even A. A. Sule himself knows that David Ombugadu won fair and square.”

The fears are heightened by the fact that all five members of the Supreme Court panel that will decide the fate of Nasarawa voters are Muslims. 

Last October, the election tribunal, led by Justice Ezekiel Ajayi, nullified the declaration of Governor Abdullahi Sule of the All Progressives Congress (APC) as winner of the March 18, 2023 election, and declared PDP’s David Ombugadu as the winner. 

Delivering judgement, the tribunal said it established from the certified copies of the polling units results (forms EC8A) tendered by the petitioners that A. A. Sule bloated his votes to create the impression that he won the elevtion. 

The tribunal deducted those votes and concluded that Ombugadu won. 

Disatisfied by the judgement, Gov. Sule approached the Court of Appeal, praying for a reversal of the tribunal’s judgement. 

Delivering judgement late November, 2023, the Court of Appeal held that evidence before it showed that the Tribunal relied on legally inadmissible evidence to declare Ombugadu as winner of the March 18 poll. 

The Court of Appeal therefore upheld Sule’s appeal as the rightful winner. 

Interestingly, the Court of Appeal panel which upheld Sule’s victory was led by Justice Uchechukwu Onuemenam, a Christian. 

This judgementby the Court of Appeal prompted Ombugadu to file an appeal before the Supreme Court. 

Some supporters of Gov. Sule who spoke with The AUTHORITY expressed worry that the allegation of religious bias introduced by the governor at the foundation of the judgements may affect the judgement of the Supreme Court. 

“When Gov. Sule complained that the reason he lost at the Tribunal was because two of the three members of the Tribunal were Christians, some of us faulted him. 

“What would he have to say now that all the five members of the Supreme Court panel are Muslims?

“Religion aside, Justices Uwani Abba-Aji and Titanic Abubakar are from Yobe State where we all know A. A. Sule’s parents migrated from before settling in Gudi,” an APC chieftain stated. 

Other members of the panel sitting on Ombugadu’s appeal at the Supreme Court are Justice Kudirat M. O. Kekere-Ekun, Justice Mohammed Lawal, and Justice Ibrahim Saulawa.

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