Supreme Court will today deliver judgment in the appeal brought before it by the candidate of the Peoples Democratic Party, PDP, in the April 11 Benue State governorship election, Dr. Terhemen Tarzoor, against the decision of the Court of Appeal which dismissed his appeal in November last year.
The seven-man panel of justices presided over by Walter Onnoghen had on Monday fixed the date after parties in the matter adopted their written addresses when it came up before the apex court.
Nigerian Pilot recalled that Tarzoor had appealed against an earlier
judgment of the Benue State Governorship Election Petitions Tribunal sitting in Makurdi which had on September 21, 2015 dismissed his petition against Governor Samuel Ortom’s election under the platform of the All Progressives Congress, APC.
The PDP governorship candidate had presented a petition before the tribunal challenging the qualification of the APC from presenting a candidate in the election.
He claimed that the party did not hold any primary election known to law for the selection of its candidate.
Following the dismissal of his appeal by the Court of Appeal, Makurdi Division, Tarzoor had late last month, filed a notice containing 18 grounds of appeal before the Supreme Court, indicating specific areas where the appellate court erred in its decision which ultimately led to the dismissal of his appeal and requested the apex court to uphold it.
When the case was mentioned at the Supreme Court, Counsel to Tarzoor, Joy Adesina, SAN, told the court that parties had not
concluded the exchange of processes, saying filing of processes before the court would close on December 21.
The respondents’ counsel, Adeniyi Akintola, SAN, Sebastian Hon, SAN, and Prof. Tony Ijohor for the first, second and third respondents respectively did not object to the position of the appellant’s counsel for the leave of the court to allow parties complete filings.
The court then adjourned the matter to December 11, 2015 for hearing with a promise that judgment shall be delivered before the expiration of the mandatory 60 days allowed by law which terminates on January16.
Nigerian Pilot also recalled that the Court of Appeal sitting in Makurdi, had in November last year, dismissed the appeal filed by the PDP’s candidate challenging the decision of the Election Petition Tribunal to declare Ortom as the duly elected governor.
Tarzoor had on October 2, 2015 filed a 14-ground of appeal, complaining that the lower court erred in its judgement in holding that Ortom was duly elected having not been properly nominated by the APC to contest the April 11, 2015 governorship election.
In his judgement, Justice Mohammed Garuba dismissed Tarzoor’s appeal and upheld the judgement of the tribunal delivered on September 29, 2015.
He said the appeal failed on all grounds, noting that rightly put,
the evidence adduced by the first respondent (Ortom) and
second respondent (APC) outweighs that of the appellant,
“The burden rests on the petitioner who approached the court to prove his petition. On the evaluation and examination of evidence, the tribunal did the proper and right thing. The appeal failed on all grounds and is thereby dismissed. We uphold the judgement of the tribunal delivered on September, 29.”

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