Supreme Court Validates Agbu Kefas' Victory as Taraba Governor
In a groundbreaking decision, the Supreme Court has upheld the election victory of Agbu Kefas as the Governor of Taraba State. Justice Mohammed Garba delivered the lead judgment, dismissing an appeal filed by the New Nigerian Peoples Party (NNPP) and its governorship candidate, Prof. Sani Yahaya, on the grounds of incompetence.
The five-member panel of the apex court unanimously held that the NNPP and its candidate submitted an incomplete record of appeal, rendering the appeal incompetent. The appellants sought the Supreme Court's intervention to overturn the judgment of the Court of Appeal in Abuja, which had earlier affirmed Kefas' victory.
The Court of Appeal, in its judgment on November 28, 2023, had dismissed the NNPP's appeal as lacking in merit. It upheld the decision of the Taraba State Governorship Election Petition Tribunal, which had declared Kefas of the People's Democratic Party (PDP) as the legitimate winner of the gubernatorial poll on September 30, 2023.
The appellate court criticized the tribunal for not outrightly striking out the petition, deeming it legally incompetent. It noted the inconsistency in the petitioners' stance, as they simultaneously sought the nullification of the election and their declaration as winners, considering it legally incongruous.
Additionally, the Court of Appeal emphasized that even if one of the prayers served as an alternative relief, the petitioners should have based it on distinct facts. It pointed out the petitioners' "legal misadventure" stemming from a misunderstanding of section 136 of the Electoral Act 2022.
The Supreme Court, in its judgment communication, will finalize this legal dispute. The Independent National Electoral Commission (INEC) had previously declared Kefas, a retired Nigerian Army Lieutenant Colonel, as the winner of the governorship election on March 21, 2023. Kefas secured 302,614 votes, surpassing Prof. Yahaya of the NNPP, who garnered 202,277 votes.
Unhappy with the election outcome, the NNPP and its candidate approached the tribunal, alleging the invalidity of the poll and asserting that Kefas was not duly elected by a majority of lawful votes. Despite their petition being dismissed by the tribunal led by Justice J.G. A. Sunmonu, the legal contestation continued through the appellate stages, ultimately leading to the Supreme Court's validation of Kefas' gubernatorial victory.