Headlines
Supreme Court Affirms Makinde, Sanwo-Olu, El-Rufai, Five Others’ Elections
The Supreme Court on Wednesday validated the election of Governor Oluseyi Makinde of Oyo State and the victories of the governors of seven other states at the March 9, 2019 governorship elections held in their various states.
A seven-man panel of the apex court led by Justice Mary Peter-Odili, in separate judgments, affirmed the elections of Governors Babajide Sanwo-Olu of Lagos State, Nasir El-Rufai of Kaduna State, Udom Emmanuel of Akwa Ibom State, David Umahi of Ebonyi State, Aminu Masari of Katsina State, Dapo Abiodun of Ogun State and Abdullahi Sule of Nasarawa State.
While Makinde, Emmanuel and Umahi were of the Peoples Democratic Party, Sanwo-Olu, El-Rufai, Masari, Abiodun and Sule contested on the platform of the All Progressives Congress.
The panel heard the appeals on the governorship tussles from the eight states in two batches on Wednesday.
After each lap of hearing, the members of the panel retired to their chambers to prepare their judgment and returned about an hour after to give the summary of their verdicts on the appeals.
The Oyo State governorship dispute turned out to be the most contentious among the appeals decided by the apex court on Wednesday, as all the parties to the case filed separate appeals against the November 11, 2019 judgment of the Ibadan Division of the Court of Appeal.
Although, the Court of Appeal, had in its split judgment of four-to-one substantially upheld the case of the APC and its candidate in the governorship poll, Adebayo Adelabu, it refused to make any order nullifying Makinde’s election.
Therefore, the APC and Adelabu, through their lawyer, Aliyu Umar (SAN), had filed an appeal against the Court of Appeal’s judgment, urging the apex court to make a specific order nullifying Makinde’s victory at the poll.
Makinde, had also through his lawyer, Chief Wole Olanipekun (SAN), filed an appeal praying the apex court to set aside the majority judgment of the Court of Appeal and affirm the judgment of the election petition tribunal, which affirmed him as the duly elected governor of the state.
The PDP, through its lawyer, Nathaniel Oke (SAN), and the Independent National Electoral Commission, through its counsel, Akinlolu Kehinde (SAN), had also filed separate appeals against the majority judgment of the Court of Appeal.
At the hearing earlier on Wednesday, the apex court decided that its decision on the appeal filed by Makinde would be binding on the rest of the appeals on the governorship election in the state.
Justice Ejembi Eko, who delivered the lead judgment, overturned the November 11, 2019 judgment of the Ibadan Division of the Court of Appeal and restored the judgment of the Oyo State Governorship Election Petition Tribunal, which had declared Makinde and his party, the winner of the election.
Justice Eko said, “After going through the briefs of arguments, I find merit in this appeal.
“The judgment of the lower court is mainly based on perversity.
“The majority judgment is hereby set aside.
“The minority judgment/decision of the lower court represents a more sober reflection on the issues.”
In upholding El-Rufai’s election as Kaduna State governor, Justice Centus Nweze, who delivered the lead judgment, dismissed the appeal by Isah Ashiru of the PDP.
Justice Nweze noted that the concurrent judgments of both the tribunal and the Court of Appeal dismissing Ashiru’s appeal could only be set aside if found to be perverse and consistent in error.
But he noted that the appellants (Ashiru and the PDP) “failed to show the perversity in the concurrent judgments.”
“The issue in this appeal having been resolved against the appellant, I find no merit in the appeal and I hereby enter judgment dismissing the appeal,” he ruled.
Upholding the election of the APC’s Abdullahi Sule as the governor of Nasarawa State, Justice Mary Peter-Odili, who read the lead judgment, dismissed the appeal filed by the PDP and its candidate, David Ombugadu.
Justice Peter-Odili noted that the APC won in 13 local government areas, while the PDP won in only one.
She ruled that the appellants failed to prove their alleged case of “non-compliance affected the election.”
“This appeal fails, and it is hereby dismissed,” she added.
Concerning the Lagos State governorship dispute, Justice Paul Galinje delivered the lead judgments in two appeals challenging Sanwo-Olu’s election.
In the two judgments, Justice Galinje held that the appeal by the Labour Party and its candidate, Prof Ifagbemi Awamaridi, and the other by the Alliance for Democracy and its candidate, Chief Owolabi Salis, lacked merit.
He noted that he had no reason to interfere with the concurrent judgments of the tribunal and the Court of Appeal, which had both dismissed the appellants’ cases.
He added that their petitions instituted at the tribunal were not based on the grounds recognised by either the Constitution or the Electoral Act.
Justice Peter-Odili similarly dismissed the appeal by Adekunle Akinlade and his Allied Peoples Movement challenging the victory of Governor Dapo Abiodun of Ogun State.
She held that the appellants failed to prove the alleged non-compliance of the conduct of the March 9, 2011 poll in the state.
In respect of the Akwa Ibom State governorship tussle, Justice Dattijo Muhammad, who read the lead judgment, upheld Emmanuel’s election after dismissing the appeal by Nsima Ekere and his party, the APC, for lacking in merit.
Justice Amina Augie, who delivered the lead judgments in respect of the Ebonyi and Katsina governorship tussles, upheld the elections of the governors of the two states.
She dismissed the petition filed by the People’s Democratic Movement and his candidate, Chief Ajah Arua, as he held that they failed to prove that they were validly nominated to participate in the election, not to talk of proving that they were unlawfully excluded from the poll.
Upholding Masari’s election as Katsina State governor, Justice Augie dismissed the petition filed by the PDP and its candidate, Garba Lado.
The Punch
The Supreme Court has vacated the order of the Court of Appeal which barred the recognition of David Mark as the National Chairman of the African Democratic Congress, ADC.
The apex court on Thursday held that the preservative order by the Court of Appeal was in bad faith, unnecessary, unwarranted and improper.
In a unanimous judgment of the Supreme Court, Justice Mohammed Lawal Garba held that the Court of Appeal ought not to have made such order because it was not sought by any of the parties in the matter.
The Court of Appeal had issued an order of status quo antem bellum upon which the ADC exco under David Mark was de-recognized by the Independent National Electoral Commission, INEC.
With the vacation of the order, David Mark and the other national officers are to be recognized as ADC leaders by the electoral body.
The convention produced the Tanimu Turaki-led factional national executives of the party.
Attention has shifted to the Supreme Court, which has fixed April 30 (today) for judgment in the leadership tussle within the African Democratic Congress (ADC).
A five-member panel led by Justice Mohammed Garba will resolve the appeal filed by the David Mark-led faction concerning the authentic leadership of the party.
Also on Thursday, the court is expected to determine the leadership dispute rocking the Peoples Democratic Party (PDP).
Two PDP factions—one led by Kabir Turaki and the other by the Minister of the Federal Capital Territory, Nyesom Wike—are laying claim to the leadership of the party.
The Supreme Court had on April 22 reserved judgment in the ADC crisis to a date to be communicated to the parties involved in the tussle.
However, on Tuesday, the ADC formally wrote to the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, pleading for the quick delivery of judgment in the leadership tussle at the national level.
The party claimed it would suffer irreparable harm if judgment in the protracted battle was not delivered within the period allowed by the Electoral Act for fielding candidates for the 2027 general elections.
It stated in part: “Without the delivery of judgment within the next three days from the date of this letter, the ADC stands the grave and irreversible risk of being excluded from participating in the 2027 general elections.
“This would disenfranchise millions of Nigerians who have subscribed to the ideals of the ADC and deny them their constitutional right to freely associate and contest elections through a political party of their choice.”
At the April 22 hearing, Jibrin Okutepa, SAN, who represented David Mark, urged the Supreme Court to allow the appeal, arguing that the apex court had earlier, on March 21, 2025, held that “no court has jurisdiction to entertain matters bordering on the internal affairs of political parties.”
During the hearing, Okutepa urged the apex court to hold that the Federal High Court in Abuja lacked jurisdiction to entertain the suit.
However, Robert Emukperu, SAN, who represented the first respondent, Nafiu Gombe, urged the court to dismiss the appeal and affirm the judgment of the lower court, which held that the suit was premature.
It will be recalled that a three-member panel of the Court of Appeal dismissed Mark’s appeal, ruling that it was premature and filed without leave of the trial court.
In the PDP matter, the first appeal, marked SC/CV/164/2026, stems from a decision of Justice Peter Lifu of the Federal High Court in Abuja, who restrained the party from proceeding with its planned convention pending the determination of a suit filed by former Jigawa State Governor Sule Lamido.
On November 14, the court issued a final order restraining the PDP from conducting its national convention.
Justice Lifu held that Lamido was “unjustly denied” the opportunity to obtain a nomination form to contest for national chairman, in violation of the PDP constitution and internal regulations.
The Court of Appeal later upheld the decision on March 9, prompting the PDP to appeal.
The second appeal, SC/CV/166/2026, was filed by the PDP, its National Working Committee (NWC), and National Executive Committee (NEC).
It arose from a judgment delivered by Justice James Omotosho, which stopped the party from holding its Ibadan national convention.
The Court of Appeal upheld that decision, agreeing that INEC should not validate the outcome of the convention.
After hearing all arguments, the Supreme Court reserved judgment, stating that the date would be communicated to the parties.
