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.