
The Court of Appeal sitting in Abuja, on Monday, sacked Elisha Abbo, the All Progressives Congress (APC) lawmaker representing Adamawa North Senatorial District.
A three-member panel of the court presided over by C.E. Nwosu-Iheme, in a judgment, ordered the Independent National Electoral Commission (INEC) to issue a Certificate of Return to Amos Yohanna of the Peoples Democratic Party (PDP) as the validly elected lawmaker for the senatorial district.
The News Agency of Nigeria (NAN) reports that INEC had, on 25 February, confirmed Mr Abbo as the winner of the senatorial poll.
Dissatisfied with the declaration, Mr Yohana, a clergyman, and the PDP filed a petition before the National and State Houses of Assembly Election Tribunal sitting in Yola, Adamawa State, challenging the return of Mr Abbo in the election.
The tribunal, in its judgment, dismissed Mr Yohanna’s petition for lack of merit.
Further dissatisfied with the tribunal’s decision, the PDP candidate, through his counsel Johnson Usman (SAN) approached the Appeal Court via appeal number: CA/YL/EP/AD/SEN/06/2023 between Amos Kumai Yohanna and Ishaku Elisha Cliff and others.
The Court of Appeal, after hearing arguments from parties, agreed with Mr 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 Mr Yohanna and PDP won the election by majority of lawful votes.
The court set aside the Certificate of Return issued to Mr Abbo and ordered INEC to issue the same to Mr Yohanna as the valid winner of the election.
Reacting to the judgment, Sam Ologunorisa, SAN, said he had nothing to say since “the Court of Appeal is the final court.”
When contacted on his reaction to the judgment, lawyer to the APC, Michael Numa, SAN, said he had nothing to say until he saw the judgment.
“I was not in court when the judgment was delivered. So, I will have to see the judgment before I can comment on it,” he said.
The News Agency of Nigeria (NAN) reports that other panel members include M.I. Sirajo and O.A. Adegbhinde.
Mr Abbo, 47, was first elected in 2019. That year, shortly after he became a senator, Mr Abbo was caught on camera physically assaulting a woman at an adult toy shop in Abuja.
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