Lawani vs Abba Moro: Appeal court reserves final judgment as former AGF takes over as lead counsel for ex-Deputy governor

By: Xavier Arnold Obande

Apeal court seating in Makurdi, Benue State on Wednesday 19th June, 2019 has reserved judgement on the election petitions tribunal case between APC Senatorial Candidate of Benue South Senatorial District in the 2019 general elections, Chief Steve Lawani (petitioner) and PDP Senatorial Candidate of same Senatorial District, Comrade Abba Morro (respondent), promising to communicate date of final judgement to both parties soon.

Similarly, Former Attorney General Of The Federal, Chief Michael Kaase Aondoakaa (SAN) has taken over Chief Steve Lawani’s case as lead Counsel.

Chairman of the appeal panel, Justice Pine Tor (Honorable) made the pronouncement after about two hours of argument(s) by both parties, adding that for want of time, that there will be no order for a retrial of the case at the Benue State Election Petitions Tribunal as the court of appeal would give parties notice of hearing and deleliver final judgement on the case.

Lawani had filed an appeal on the 24th May, 2019 against the ruling of the tribunal, on the 17th May, 2019, on his application to raise new ground(s) and make amendment(s) on his substantive petition, but the tribunal disallowed him (Lawani) on grounds that section 134 of the Electoral Act 2010 (as amended) forbids substantive ammendment(s) after 21 day of declaration of results of the election.

Lawani’s application for substantive ammendment(s) is for the court to disqualify the Benue South Senatorial District’s Senatorial Candidate Of the PDP in the February 16th, 2019 National Assembly Elections, Comrade Abba Morro from contesting that election on the grounds of perjury and certificate forgery.

Lead Counsel to Chief Steve Lawani, Aondoakaa (SAN), argued that section 134 had be invalidated from the Electoral Act 2010 (as ammended) by the National Assembly and as such, no reliance should be based on it, a submission Counsel to Comrade Morro, Kenneth. Chukwuma Ikonne concurred with, but quoted section 285 of the 1999 Constitution Of the Federal Republic Of Nigeria (as ammended), noting that the alteration of section 134 of the Election Act 2010 (as amended) had been taken care of by section 285 of the Constitution.