The Court of Appeal in Abuja has recently reserved its judgment in the appeal filed by the Kano State Governor, Abba Yusuf, challenging his removal by the Governorship Election Petition Tribunal. This comes after the Tribunal nullified Yusuf’s election on September 20, citing 165,663 invalid votes due to unsigned and unstamped ballot papers, which were in violation of the Electoral Act.
The three-man panel, led by Justice Oluyemi Akintan Osadebay, had declared the APC candidate the winner of the governorship election in light of the nullification. Unhappy with the ruling, Yusuf’s legal team, led by Wole Olanipekun, argued that the Tribunal’s decision was unprecedented and departed from established legal precedent. Olanipekun emphasized that the use of Section 71 of the Electoral Act was misapplied, as it concerns electoral forms and sum sheets, not ballot papers.
Furthermore, Olanipekun pointed out that the case was peculiar as it was the first time a political party had filed a petition without joining its candidate, who was subsequently declared the winner of the polls. He urged the Court of Appeal to set aside the judgment of the lower court.
Obi Rejects Supreme Court Verdict
In response, Akin Olujuimi, SAN, representing the first respondent, urged the Court to dismiss Yusuf’s appeal.
Olujimi said,
“Contrary to the contention that the tribunal created a jurisprudence, the decision of this court right from 2009 laid it down under the regulation of INEC has set up what presiding officers are to do at the point of casting of votes. It said signatures and stamps must be on ballot papers with dates. And this court has heard that failure to do this is a clear case of non-compliance. It is not a new jurisprudence.”
He asserted that INEC had acknowledged the invalidity of the ballot papers, thereby advocating for the dismissal of the appeal.
Additionally, he contended that the lower court’s reference to section 71, instead of section 63, should not serve as the grounds for nullifying the court’s ruling.
“The wrong reference to section 71 should not have anything to do with the validity of the decision, ” Olujuimi added.
In response to Olanipekun’s assertion regarding the absence of the candidate in the case, Olujimi emphasized the established legal principle that votes are cast for the party in an election, suggesting that any decision affecting a political party encompasses all its members.
During the APC’s cross-appeal, Olujimi further contended before the court that the Kano State governor was not a member of the NNPP at the time of his sponsorship by the party.
Representing INEC, A.B. Mahmoud, SAN, urged the appeal court to dismiss the APC’s cross-appeal, highlighting its lack of merit.
Court Withholds Decision in Kano Gov. Appeal Against Tribunal Verdict
In a related appeal by INEC, Mahmoud expressed that the tribunal’s judgment had reversed the established election jurisprudence law.
“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 contended that a trial court possesses the authority to scrutinize the documents presented as evidence before it.
However, the court postponed the delivery of judgments on all the cases to a future date, which will be communicated to the parties involved in the appeal.
The Court of Appeal has reserved its judgment, leaving the fate of Abba Yusuf’s governorship hanging in the balance.
