The Supreme Court has ordered the Gombe State
Governorship Election Petitions Tribunal to re-try the
petition against the election of governor, Ibrahim
Dankwambo, of the Peoples Democratic Party
(PDP).
The tribunal had earlier dismissed the petition filed
by the African Democratic Congress (ADC),
challenging the victory of Dankwambo in the April
guber elections.
The petition was nullified and dismissed by the
tribunal over the question of competency of the
petitioner’s lawyer, Sam Kagbo, as a legal
practitioner.
The petitioner’s lawyer had signed the petition as
Sam Kagbo whereas on the roll of lawyers, the name
is Sam Peter Kagbo.
The respondent raised objection to that effect and
prayed the tribunal to dismiss the petition.
The tribunal, however, agreed with the respondent’s
counsel and consequently dismissed the petition.
Not satisfied with the ruling, the ADC approached
the Court of Appeal challenging the decision.
The Court of Appeal ordered the tribunal to re-try
the petition.
Not satisfied, Dakwambo had approached the apex
court seeking to set aside the decision of the Court
of Appeal.
The apex court unanimously dismissed the appeal on
grounds that the tribunal had only emphasised on
technicalities in arriving at its decision.
In the lead judgement, Justice Kudirat Kekere-Ekun
held that the tribunal was wrong to have dismissed
the petition on ground of technicalities.
The apex court, however, returned the petition to the
tribunal to be tried on its merit.