Supreme Court Throws Out Appeal Against Nyako’s Election

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The Supreme Court has dismissed the appeal filed by a Peoples Democratic Party (PDP) aspirant in Adamawa State, Dr Umar Ardo against the nomination and election of Adamawa State governor Murtala Nyako.
 
Ardo had asked the court to declare that Governor Nyako was not validly elected PDP candidate in the 2012 governorship election in the state.

Nyako was declared the candidate of the PDP for the February 2012 election, after the apex nullified the election that brought him to office in 2011.

In the appeal, Ardo accused the PDP of not conducting the mandatory congresses to elect three ad-hoc delegates per ward for the nomination exercise. He had earlier lost a case he instituted in a Federal High Court in Yola on the same matter.

He had approached the Court to declare as null and void the procedure adopted by the PDP for the nomination of Nyako as its gubernatorial candidate on the grounds that it was in breach of the party’s electoral guidelines.

He also asked the court to declare that there was no validly nominated PDP candidate for the 2012 gubernatorial election in Adamawa State, and that the court should order the PDP to conduct fresh gubernatorial primaries between him and Nyako.

But Justice S. M. Shuaibu had on January 20, 2012 dismissed Ardo’s claims.

Ardo later appealed the judgement at the Court of Appeal, Yola Division.

But, the Court of Appeal also dismissed his appeal on February 26, 2013.

Ardo thereafter approached the Supreme Court and filed an appeal against the judgement of the lower court on Thursday, March 28.

Justice of Supreme Court (JSC), Justice Kumas Bayang Aka’ahs, who read the lead judgement, dismissed Ardo’s appeal on the grounds that parties retain the right to set parameters for nomination of candidates.

But Ardo has faulted the Supreme Court judgement, describing the verdict as poor and confused.
Ardo said, “The judgement in my case is fundamentally faulty. It was the late Justice Oputa who once commented that the Supreme Court is supreme not because it is infallible; it is supreme because its determination is final.

“Although we are all bound by this judgement of the Supreme Court, the judgement by itself is of little value both to jurisprudence and to our polity. It is a very poor and confused judgement.”
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