An Appeal Court sitting in Abuja has removed Senator Elisha Abbo, the All Progressives Congress (APC).
Mr Abbo represents Adamawa North Senatorial District at the upper chamber.
Justice C.E. Nwosu-Iheme, in a judgment, ordered the Independent National Electoral Commission (INEC) to issue a Certificate of Return to Rev. Amos Yohanna of the Peoples Democratic Party (PDP) as the validly elected lawmaker for the senatorial district.
The INEC had, on Feb. 25, declared Abbo as the winner of the senatorial poll.
Dissatisfied with the declaration, Yohana 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 Abbo.
The tribunal, in its judgment, dismissed Yohanna’s petition for lack of merit.
Further dissatisfied with the tribunal’s decision, 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 another Vs 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 Yohanna and PDP won the election by majority of lawful votes.
The court proceeded to set aside the Certificate of Return issued to Abbo and ordered INEC to issue the same to Yohanna as the valid winner of the election representing Adamawa North Senatorial District.
Reacting to the judgment, Mr 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, Mr 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.
Other members of the panel include Justice M.I SIRAJO and Justuce O.A ADEGBHINDE.