Dissenting Judgement: INEC to Retrieve Governor Bello Certificate of Return, Conduct Election within ninety days - That pleases me a lot Wada Reacts

One of the advantages of dissenting judgments is that it opens such judgments to further scrutiny by scholars and judges, wherein such reasons and conclusions could be used in subsequent judgments.

Our 1999 Constitution, as amended, has envisaged, in fact, anticipated the fact that our appellate courts justices may give dissenting judgments.

Section 294(2) and (3) provides: “Each Justice of the Supreme Court or the Court of Appeal shall express and deliver his opinion in writing or may state in writing that he adopts the opinion of any other justice who delivers a written opinion.

Provided that it shall not be necessary for all the Justices who heard a cause or matter to be present when the judgment is to be delivered and the opinion of a Justice may be pronounced or read by any other Justice whether or not he was present at the hearing.

(3) A decision of a court consisting of more than one Judge shall be determined by the opinion of the majority of its members.”

It’s on the basis of this arrangement that the composition of Election Tribunal is usually in odd numbers -three, five or seven.

This is with a view that there would not be a tie in terms of dissenting judgment.

Every Tribunal (or Panel of Justices) is bound to look at issues from his or her own perspective in their respective judgements. This has been part of our judicial system.

In a dissenting judgment, Justice Ohimai Ovbiagele nullified the election of Governor Yahaya Bello and ordered INEC to conduct fresh elections in seven local government areas where the petitioners proved their allegations of over-voting, thuggery, voter intimidation, massive thumb printing, and other electoral malpractices.

In reaction, Wada said the dissenting judgment by Justice Ovbragele is a clear indication that the election of Governor Bello was flawed.

He, therefore, insisted that the majority judgment of the Tribunal is not a true representation of the events of November 16, 2019, in Kogi State.

The candidate of the Peoples Democratic Party in the November 16, 2019, governorship election in Kogi State, Mr Musa Wada, has vowed to appeal the judgment of the election tribunal given on Saturday

 “The dissenting judgement made it clear that there was massive thumb printing in the whole of central (sic) judging by five (5) people. And don’t forget that the dissenting judgement by number one said : 

“Governor Bello certificate of return must be giving back to INEC and election  to hold within ninety days”.. That pleases me a lot “ Wada Said

I am so gallant ...because I know , there are appellate court to take this appeals to and I am very ready to do that. He added