By Uche Mbah
In a unanimous decision, the Supreme Court, Wednesday, set aside the judgment of the Yola Appeal Court on the Governorship Primary election held by the All Progressives Congress, APC, in Taraba State, which produced Senator Emmanuel Bwacha as its flag-bearer.
The five-member panel of Justices voided the judgement after allowing an appeal by one of the contestants, David Kente.
Justice Adamu Jauro read the lead judgement.
The Court ruled that the defendant did not show evidence that the primary was conducted in line with relevant electoral laws and the 1999 constitution (as amended ), thereby faulting the ruling of the lower Court in Jalingo which declared Bawa nominated. It instead upheld the ruling of the High Court, which disagreed with the result of the Primaries. The lower Court had ordered a 14 day period for new primaries to be held. It also bared Bwacha from parading himself as the authentic candidate, ordering the Independent National Electoral Commission, INEC, from recognizing him as the candidate.
Consequently, in resolving the issues in favour of the appellant, the Apex Court said:
“In conclusion, we hold that there was no valid gubernatorial primary election conducted by the APC in Taraba state.
“The judgement of the court below is hereby set aside. Earlier decision of the trial Court is affirmed. This appeal is allowed”.
