The Court of Appeal, Abuja division, has dismissed an appeal, seeking to unseat Governor Aminu Tambuwal of Sokoto State, on the ground that he was not validly elected as candidate of the All Progressive Congress APC, in the 2015 governorship election.
The appellate court in the judgment, delivered by Justice Emmanuel Agim, held that the appeal filed by Umaru Dahiru lacked merit and substance.
Giving the judgment that lasted over two hours, Justice Agim held that the appellant was inconsistent in his case with contradictory evidence in his affidavits and documents placed before the court to challenge the validity of the December 4, 2014, Sokoto governorship primary election.
In the unanimous judgment of the appellate court, the appellant was found to have claimed in his first affidavit that there was no primary election, that delegates were not accredited and that the 1999 Constitution and APC guidelines were violated in the conduct of the primary election.
The appeal court found in the second affidavit of the same appellant that some delegates were accredited and allotted with ballot papers for the primary election, adding that it was completely wrong for the appellant to have made such inconsistent depositions in his affidavits evidence.
The court also held that the claim of the appellant that he be declared winner of the said primary election was strange to law having copiously claimed in his documentary evidence and affidavits placed before the court that there was no primary election.
Justice Agim held that in the face of such inconsistencies, the case of the appellant has become worthless and has no probate value.
The appeal court refused to set-aside the judgment of Justice Gabriel Kolawole of the Federal High Court which had earlier dismissed the case of Mr. Dahiru on the ground that it was unmeritorious.
“From the totality of affidavit evidence of all the deponents, it is clear that none corroborated each other but rather, they defeated the case of the appellant because of their gross inconsistencies. NAN