The Abuja Division of the Court of Appeal has sacked the Senator representing Adamawa North, Senator Elisha Abbo.
The three-member panel of Court of Appeal presided over by Justice C.E. Nwosu-Iheme, in a judgement on Monday, ordered INEC to issue a Certificate of Return to Amos Yohanna as the duly elected senator representing Adamawa North Senatorial District in the National Assembly.
The Court of Appeal in Abuja vacated the tribunal judgement which had earlier affirmed Abbo of the All Progressives Congress, APC, as the winner of the Senatorial election.
The Independent National Electoral Commission (INEC) had declared Abbo winner of the February 25, 2023 parliamentary election.
Aggrieved by the decision of the electoral umpire, Amos Yohanna, the Peoples Democratic Party (PDP) candidate, went to the tribunal to challenge the outcome of the election.
In its ruling, the tribunal dismissed Yohanna’s petition for lacking in merit.
Not comfortable with the judgement of the tribunal, the PDP’s candidate, through his counsel Johnson Usman (SAN) approached the Appeal Court via appeal number: CA/YL/EP/AD/SEN/06/2023 between Rev. Amos Kumai Yohanna and Vs Ishaku Elisha Cliff and others.
The Court of Appeal, after hearing arguments from parties, agreed with Usman that based on Section 137 of the Electoral Act, 2022, the results tendered clearly showed that there was no compliance with the Electoral Act.
The court, thereafter, deducted the invalid votes from the parties and found that Yohanna and the PDP won the election by majority of lawful votes.
Mr Sam Ologunorisa, (SAN), said he had nothing to say since “the Court of Appeal is the final court.”
Also, lawyer to the APC, Mr. Michael Numa (SAN), said he had nothing to say until he sees the judgement.
“I was not in court when the judgement was delivered. So, I will have to see the judgment before I can comment on it,” he said.
The other members of the panel include Justice M.I Sirajo and Justice O.A Adegbhinde.
