By Haruna Salami
The Appeal Court sitting in Kaduna Sunday dismissed the appeal filed by the Congress for Progressive Change (CPC) gubernatorial candidate, Haruna Saeed Kajuru and upheld the election of Kaduna State Governor, Sir Patrick Ibrahim Yakowa.
In a judgment that lasted for almost two hours, Justice Abdu Aboki said that the petitioner failed to prove his case beyond reasonable doubt, adding that the CPC flag bearer’s appeal lacked merit.
“The petition has no merit and so it is dismissed. We have gone through the entire records of appeal, which is eight volumes. We see no merit in this appeal and is thereby dismissed”, the judge said.
Explaining why the court had to give its judgment on Sunday, Justice Aboki stressed that the “appeal expires today at midnight. That is why we have to rush this judgment and hold it today”. Aboki then dismissed the evidence of the three expert witnesses called by the petitioners on the ground that they lacked basic knowledge in election matters. He ruled that the documents tendered through the bar by the CPC candidate’s counsel, Adebayo Adeniyi (SAN) at the lower tribunal were merely dumped on the tribunal, adding, “dumping of documents without witnesses makes them worthless and useless”.
He stated that the CPC candidate failed to call any witness to substantiate the documents or even explain what they were meant for.
“Documents have no value without evidence to substantiate them. The appellant has not provided any evidence to discount the findings of the lower tribunal.”
The judge stressed that it was not the responsibility of the court to analyse any document that is not supported by oral evidence, adding that the petitioner at the lower tribunal failed to call the Independent National Electoral Commission, polling agents, returning officers and others to testify or to adopt the documents.
The judge stated that the petitioner at the lower tribunal failed to call the makers of the documents to testify and that there was no evidence before the court regarding why they were excluded from testifying.
He therefore agreed with the lower tribunal that the documents tendered from the bar by counsel to the petitioner have no evidential value as their purpose was not established.
He further said that the three expert witnesses were hired and paid by the petitioner and his counsel and tutored on what to say and therefore could not be neutral and objective.
He also said that the petitioners were unable to prove the allegation of corrupt practices during the election as well as ballot stuffing, thumb printing, among others. The tribunal therefore dismissed the CPC petition and upheld the election of Governor Yakowa.
Kajuru who spoke to newsmen shortly after the Appeal Court judgment, said, “we thought we could get justice, but we could not. We shall proceed to the Supreme Court, but I urge my followers to remain calm and law abiding. We will not relent until justice is gotten”. Counsel to the CPC gubernatorial candidate, Mohammed Murtala Ibrahim collaborating this said they would be taking their case against Governor Yakowa’s election to the Supreme Court. “The next line of action is exploring the beauty of the judiciary. We are dissatisfied with the judgment. So, we are going to take further steps up to the Supreme Court”. But the deputy chairman of CPC Kaduna state, Hon. Bashiru Saidu who said the judges were handpicked to do the bidding of their master in declaring victory for Yakowa, however declared that even if they should go to the Supreme Court he has no confidence that the Nigerian judiciary will be fair to his party, the CPC.
Governor Yakowa in his reaction addressed a mammoth crowd at the government house shortly after the judgment, attributing his victory to God and called on his opponent to join hands with him, saying, “please join hands with me and lets together build the state”. Meanwhile, Yakowa’s counsel, Yunus Ustaz Usman (SAN) described the judgment as “a well-researched scientific judgment. We are proud of th judiciary”.