𝕌ℙ𝔻𝔸𝕋𝔼𝔻: ℂ𝕠𝕦𝕣𝕥 𝕣𝕖𝕤𝕖𝕣𝕧𝕖𝕤 𝕛𝕦𝕕𝕘𝕞𝕖𝕟𝕥 𝕚𝕟 𝕂𝕒𝕟𝕠 𝕘𝕠𝕧’𝕤 𝕒𝕡𝕡𝕖𝕒𝕝

The Court of Appeal sitting in Abuja has reserved judgment in the appeal by the Kano State Governor, Abba Yusuf, challenging his removal by the Governorship Election Petition Tribunal.

The Tribunal on September 20 nullified the election of Yusuf by declaring 165, 663 of his votes were invalid.

Recalled that a three-man panel of the Tribunal led by Justice Oluyemi Akintan Osadebay had on 20th September, 2023 sacked Yusuf after deducting 165,663 of his votes.

The tribunal held that the ballot papers were not signed nor stamped by the Independent National Electoral Commission.

Consequently, the tribunal declared the APC candidate the winner of the governorship election.

Dissatisfied with the judgment, Yusuf appealed against the tribunal verdicts and urged the court to set aside the judgment.

At the hearing of the appeal on Monday, the lead counsel for the appellant, Wole Olanipekun urged the court to set aside the judgment of the lower court.

Olanipekun argued that the tribunal has created a new jurisprudence that departs from the precedent set by the appeal court and the apex court with its judgment.

The lead counsel submitted that it was the first time an election would be nullified based on non-stamping and signing of ballot papers.

He also held that the tribunal erred in referring to section 71 of the Electoral Act and citing decisions arising from the section.

According to him, the section cited relates to electoral forms and sum sheets, adding that there was no meeting point between that and the ballot papers.

He also argued that this was the first time that a political party filed a matter without joining its candidate as a party in the petition and the latter was declared winner of the polls.

Olanipekun, however, urged the court not to allow the judgment of the lower court to stand.

In his submission, the lead counsel for the first respondent, Akin Olujuimi, SAN urged the court to dismiss the appeal.

Responding to Olanipekun’s submission that the candidate was not joined in the case, Olujimi said it is settled law that votes are cast for the party in an election and that any decision affecting a political party embraces all its members.

In the APC’s cross-appeal, Olujimi also argued before the court that the Kano State governor was not a member of the NNPP as of the time he was sponsored by the party.

Counsel for INEC, A.B Mahmoud SAN asked the appeal court to dismiss APC’s cross-appeal, adding that it was lacking in 𝕞𝕖𝕣𝕚𝕥

In a sister appeal by INEC, Mahmoud held that the tribunal turned the election jurisprudence law upside down with its judgment.

“What the court did was outside the scope of the tribunal. The electoral Act does not permit the tribunal to embark on this scrutiny or recount.

“We want this court to correct the anomaly and set the jurisprudence right. I urge the court to allow this appeal as it is preeminently meritorious and set aside the judgment of the lower court,” he added.

Counsel for the APC, Offiong Offiong urged the court to dismiss the appeal.

He argued that a trial court can investigate documents submitted as evidence to it.

The court, however, reserved judgments in all the matters till a date that would be communicated to parties involved in the appeal.