Appeal Court Sacks APC Senator, Abbo

• Declares PDP’s candidate duly elected lawmaker

It is end of the road for Senator Ishaku Abbo of the All Progressives Congress (APC) as the Court of Appeal sitting in Abuja on Monday voided his election as the lawmaker representing Adamawa North in the 10th Nigerian Senate

In nullifying Abbo’s victory, the Appeal Court held and declared that his opponent, Amos Yohanna of the Peoples Democratic Party (PDP) is the validly elected representative of the senatorial district.

After hearing arguments from the parties in the case, the Appeal Court upturned the lower Tribunal’s judgment by agreeing with the PDP candidate’s counsel, Johnson Usman (SAN) that based on Section 137 of the Electoral Act, 2022, the results tendered clearly showed that there was no compliance with the Electoral Act.

Thereafter, the Court deducted the invalid votes from the parties and found that Yohanna and PDP won the election by majority of lawful votes cast.

In its judgement, the three-member panel chaired by Justice C.E. Nwosu-Iheme, ordered Independent National Electoral Commission (INEC) to issue a Certificate of Return to Yohanna as the validly elected lawmaker for the senatorial district.

Other members of the panel include Justice M. I. Sirajo and Justice O. A. Adegbhinde.

Recalled that the Electoral Commission had declared Abbo winner of the February 25, 2023 parliamentary election, but PDP flag bearer rejected the result and headed for the election tribunal.

In its ruling on the matter, the Tribunal, while upholding Abbo’s electoral victory, dismissed the Yohanna’s petition as lacking in merit.

However, dissatisfied with the Tribunal’s decision, Yohanna, 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 with the case now decided in his favour.

Mr Sam Ologunorisa (SAN), counsel to the sacked APC Senator, whilr reacting to the judgement, said he had nothing to say since “the Court of Appeal is the final court” on National Assembly’s election petitions.

On his part, the APC’s counsel, Mr Michael Numa (SAN), said his comments on the Court ruling would only come after he has seen and read the judgement.

According to him; “I was not in court when the judgment was delivered. So, I will have to see the judgment before I can comment on it.”

The sacked lawmaker, had in May 2019, stoke up controversy when he reportedly assaulted a lady at an adult toy shop in Abuja. Reports had alleged that Abbo was referred to as “a dunk” by the shop owner when he walked in with three ladies to purchase some toys. A video footage that went viral had shown Abbo repeatedly slapping the shop owner while his security guard makes attempt to arrest the victim.

After assaulting the shop owner, the Adamawa lawmaker later claimed that he was “agitated by the sudden illness of one of his girls” and accused the shop owner of poisoning the air-conditioning system.

However, in September 2020, the Federal Capital Territory (FCT) High Court in Maitama, Abuja dismissed the suit for lack of diligent prosecution by the police.

Interestingly, the case was later taken to a Magistrate court in Zuba, Abuja where the lawsuit was re-analysed with video footage evidence of the incident. Abbo was found guilty and was ordered to pay ₦50 million to Osimibibra Warmate, the shop-owner.