Kano Gov’ship: A’Court affirms nullification of Gov Abba Yusuf’s election

BY ANDREW OROLUA

The Court of Appeal sitting in Abuja on Friday affirmed the nullification of election of Kano State Governor, Abba Kabir Yusuf under the platform of New Nigeria Peoples Party (NNPP).

Court of Appeal in a unanimous judgement held that the Kano State Governorship Election Petition Tribunal which declared the All Progressive Congress (APC) flag bearer, Nasiru Yusuf Gawuna, as the winner of the state’s governorship poll held on March 18 was correct in reaching that decision.

Recall that the Independent National Electronic Electoral Commission (INEC) had announced Yusuf as the winner of the March 18, 2023 election, saying he garnered 1,019,602 valid votes cast to defeat Gawuna who received 890,705 of the valid votes cast.

Dissatisfied with INEC’s declaration, APC had approached the election tribunal alleging electoral malpractices. In its judgement delivered on September 20, 2023 the trial tribunal nullified Yusuf’s election after it found that over 160,000 ballot papers that formed part of his votes were invalid by the simple reason that “they were not signed or stamped by INEC.”

Justice Oluyemi Akintan Osadebay led tribunal subsequently reduced Yusuf votes to 853,939 while Ganuwa’s 890,705 votes were not affected.

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Dissatisfied with the tribunal judgment, Yusuf had approached the Appellate Court. In its judgement on Friday, Court of Appeal held that the Tribunal acted in the overall interest of justice when it allowed APC’s tendering of documents during trial because INEC released documents to the APC piecemeal in order to defeat the petition of the petitioner.

The court also said that Yusuf’s counsel’s insistence that APC ought to have joined its own candidate, Ganuwa, as a party at the Tribunal proceedings, was not backed by the 1999 Constitution as a candidate is entitled to be represented by his political party during litigation.

It further held that the appellant to his own detriment did not submit his NNPP membership registrar or even tendered his statement on oath regarding his membership of the party.

The court said the 1999 Constitution made it mandatory for a political party to have a membership register and submit the same to INEC and the Tribunal when needed.

The court added that the name of Abba is not in the NNPP membership registrar.

“As rightfully found, Yusuf Abba was not a member of the NNPP at the time he was purportedly sponsored by his party and he was not qualified to contest the March Governorship Election,” the Appellate Court stated while affirming the judgment of the Tribunal.

“If you claim to be a member of a political party, is it not logical for you to say so by yourself and not by proxy?

“Even though membership of a political party is an internal affair, a political party cannot be permitted to circumvent or breach the provisions of the 1999 Constitution.

“The Tribunal was wrong not to have disqualified the appellant,” court of appeal stated, and added that therefore “the failure of the appellant and the NNPP to comply with the 1999 Constitution is fatal to their election.”

“It resolved all issues in the appeal against the appellant,” dismissed the appeal and affirmed the judgment of the Tribunal.

Gov Yusuf and NNPP said on Friday they will challenge the judgement at the Supreme Court.