Adewale Ajayi,
The Supreme Court has affirmed Kano State governor Kabir Abba Yusuf of the New Nigeria Peoples Party (NNPP) as duly elected and returned as Governor of the State in the 18th March Governorship poll.
Earlier, the tribunal and lower Court had sacked Gov Kabir Yusuf, and affirmed the petitioner, All Progressives Congress APC and its candidate Nasir Gawuna.
Justice Inyang Okoro JSC read the lead Judgment “I have found that the decision of the tribunal to deduct 165,616 votes from the Governor’s results was based on provisions of the Electoral Act 2022.
“What is the effect of a ballot paper not having the marks by the Electoral commission?”
“A ballot paper that does not bear INEC mark is not invalid by all purposes.
Also, there is no proof that the said ballot papers were not the one used at the election. Thus the decision of the Court of Appeal affirming the decision of the tribunal ought to be set aside.
“Finally, the lower court wrongly misconstrued its evaluation of the ballot papers. This amounts to perversion.
Accordingly, all the ballot papers are restored to Governor Yusuf.
On the issue of membership and nomination, the Apex Court held, “This court has consistently maintained that the issue of nomination or sponsorship of a candidate for an election is completely an exclusive prerogative of the political party.”