Appeal Court reaffirms Natasha as elected senator for Kogi Central, sacks APC’s Abubakar

Court of Appeal sitting in Abuja has upheld judgement of the Kogi National Assembly Election Petitions Tribunal as it reaffirmed the Peoples Democratic Party (PDP) candidate for Kogi Central Senatorial Zone, Natasha Akpoti-Uduaghan as winner of the February 25, 2023 election.

The court also ordered the removal of the senator representing Kogi Central in the 10^th senate, Sadiku Abubakar of the All Progressives Congress (APC).

Incumbent Governor of Kogi State, Yahaya Bello is from the district.

So far, the appellant court has now removed two senators of the APC representing the state, as the November 11, 2023 governorship election nears.

The court, Tuesday, affirmed Natasha Akpoti-Uduaghan of the PDP as the duly elected Senator for Kogi Central Senatorial district.

The appellate court affirmed the judgement of the Kogi State National/State Assembly Election Petitions Tribunal, which earlier pronounced Natasha as rightful winner of the February 25 National Assembly elections as against Sadiku Ohere of the APC, who was earlier declared winner of the exercise by the Independent National Electoral Commission (INEC).

In a judgment Justice Hamma Barka resolved all contending issues against the appellant (Sadiku) and awarded a cost of N500, 000 against him.

The Kogi State Election Petition Tribunal had earlier nullified the victory of Senator Abubakar as the winner of the Kogi Central Senatorial election.

The Tribunal Chairman, Justice K. A. Orjiako who read the unanimous judgment of the 3-man panel, said Abubakar’s results were inflated in 9 polling units of Ajaokuta LGA while that of Natasha was intentional reduced in 9 of the same polling units by the INEC, as well as 3 other polling units result that was deliberately not entered for Natasha in the same LGA.

The Tribunal after making the proper correction, declared Natasha Akpoti- Uduagan (PDP) as winner of the poll having polled 54,074 against Ohere (APC) who polled 51,291.

However, dissatisfied with the tribunal’s verdict, Abubakar approached the court of appeal in which the court dismissed the appeal for being unmeritorious.

It would be recalled that, last month, the same Tribunal removed the senator representing the Kogi East zone, Jibrin Isah, on the grounds that elections were cancelled in 94 polling units.

The tribunal also ordered the Independent National Electoral Commission (INEC) to conduct a supplementary election in the affected 94 polling units in the state.

Tribunal Chairman, Justice K.A. Orjiako, who delivered the judgment on the petition brought before it by Victor Adoji, the candidate of the Peoples Democratic Party (PDP) in the 25 February election, agreed with the prayers of Mr Adoji.

Mr Adoji, had through his Counsel, Johnson Usman (SAN), challenged the return of Mr Isah of the All Progressives Congress

(APC) on the ground that elections were cancelled in some polling units where the PVCs collected were more than the margin of his win.

The petitioner had pleaded with the tribunal to anull the election of Mr Isah, who is the chairman of the Senate Committee on Customs Excise and Tarriffs, on the ground that elections were cancelled in 94 polling units and ordered for a supplementary election in the affected 94 polling units in the senatorial district.

Delivering a unanimous judgement of the tribunal, Justice Orjiako agreed with the submission of Mr Usman and ordered for the withdrawal of his certificate of return.

“Since the PVCs collected in the 94 polling units is 59,730, while the margin of win is 26,922 votes, the Returning Officer ought to have declared the election inconclusive without making a return.

“Consequently, this honourable Tribunal hereby granted the reliefs sought by the Petitioners. We also set aside the Certificate of Return issued to Jibrin Isah.

“The tribunal hereby also order INEC to conduct a supplementary election in the affected polling units where election did not hold or cancelled in order to determine the winner, ” Mr Orjiako declared.