The lingering legal battle between the immediate past member Guyuk constituency Adamawa State House of Assembly, Hon. Adwawa Donglok and the incumbent member, Hon. Sunday Peter has been put to rest.
The protracted legal tussle was put to rest by the Court of Appeal Abuja Division on Tuesday, in its judgement in an appeal filed by Hon. Sunday Peter.
Hon. Adwawa, who represented Guyuk constituency from 2019 to 2023 under PDP platform, had engaged Hon. Peter who won the 18th March, 2023 election in a legal battle for the exalted constituency seat.
Irked by the outcome of the poll, Hon. Adwawa, dragged Hon. Peter before the National/State Assembly Petitions Tribunal in Yola, and sought for the nullification of election conducted at 15 polling units.
Its judgement on the 2nd October, 2023, the tribunal invalidated the election of Hon. Peter at Zabisonka polling unit ( Code 004) of Purokayo ward and Mararaba polling unit 007 of Kola ward respectively where elections were cancelled due to over voting.
Dissatisfied with the decision, Hon. Peter and former Deputy Speaker of the assembly, appealed the judgement and prayed the appellate court to upturn the decision of the tribunal.
In his appeal No. CA/YL/EP/SHA/15/2023, the APC lawmaker joined Hon. Adwawa, PDP and INEC and APC as respondents and asked the appellate court to set aside the verdict of the court and affirm his election.
Delivering his judgement on the appeal Today, Hon. Justice, Olabode Abimbola Adegbehingbe, declared that the judgement of the tribunal was perverse and overwhelmingly occasioned the miscarriage of justice.
Justice Adegbehingbe, held that the tribunal was in avoidable error when without evidential basis declared the non-existent results of the 2 polling units void and proceeded to invalidate the election and return of the appellant while also ordering the re-run election.
According to him, the 1st and 2nd respondents in the appeal had failed to prove their petition and should not have earned the favour of the tribunal as demonstrated in its judgement.
He stated that the sole issue is resolved against the 1st and 2nd respondents and in favour of the appellant (Hon. Peter), saying that there is merit in the appeal.
He declared thus:” This court has a duty to intervene in this appeal. The entire judgement of the tribunal is hereby set aside. The election of the appellant, as declared by the INEC, is hereby affirmed”.
