In a landmark decision, the Supreme Court of Nigeria has thrown out the appeal filed by the All Progressives Congress (APC) and its gubernatorial candidate, Uche Nnaji, challenging the victory of Governor Peter Mbah of the Peoples Democratic Party (PDP) in the March 18, 2023, governorship election in Enugu State.
In a unanimous judgment delivered by Justice Tijani Abubakar on behalf of the five-man panel, the apex court held that the appellants' legal team had submitted an invalid brief of argument and failed to provide compelling reasons why the appeal should be granted.
Uche Nnaji, who secured 14,575 votes, a distant fourth behind Governor Mbah's 160,895 votes, had sought to overturn the election results and be declared the winner. His petition to the Enugu State Governorship Election Petition Tribunal alleged various infractions, including purported breaches of assets declaration by his opponents.
However, the tribunal, chaired by Justice Kudurat M. Akano, had previously dismissed Nnaji's petition as incompetent, frivolous, and not in line with the provisions of the Electoral Act 2022. The tribunal also imposed a cost of N200,000 each against Nnaji and the APC.
Undeterred, the petitioners appealed to the Court of Appeal in an attempt to rectify their petition's shortcomings. Unfortunately for them, the appellate court, led by Justice J.O.K Oyewole, upheld the tribunal's decision in July.
Today, the Supreme Court upheld the rulings of both the tribunal and the Court of Appeal. The apex court maintained that the invalidity of the appellants' brief of argument extended to their appeal, leading to the dismissal of both the brief and the appeal.
With this judgment, Governor Peter Mbah's victory in the Enugu gubernatorial election stands affirmed, bringing an end to a lengthy legal battle.
