The Court of Appeal in Abuja upheld on Tuesday the victory of Dr. Kefas Agbu as the governor of Taraba State.
In a unanimous verdict delivered by Justice Peter Affen, a member of the three-member panel of Justices at the Court of Appeal in Abuja, the court affirmed that the New Nigerian Peoples Party (NNPP) and its governorship candidate, Prof. Yahaya Sani, lacked consistency in their appeal against the March 18 governorship election.
Justice Affen stated that while NNPP and Sani sought the annulment of the election citing noncompliance with the Electoral Act, they simultaneously requested the court to declare them winners based on securing the majority of lawful votes.
The court emphasized that it is legally untenable for litigants, such as NNPP and its governorship candidate, to adopt contradictory positions in the same case.
He further asserted that by seeking the nullification of the election based on non-compliance with the Electoral Act, the alternative plea to be declared the winners of the same election lacked a valid foundation.
Additionally, the Court of Appeal determined that the transmitted record of proceedings was incomplete, rendering their appeal legally insufficient. As a result, Justice Affen dismissed the appeal on the grounds of lacking merit.
It is worth noting that the Taraba State Governorship Election Petition Tribunal, led by Justice G. A. Sunmonu, had earlier, on September 30, dismissed the NNPP’s petition and that of its governorship candidate, citing a lack of merit.