BREAKING: What Transpired Before Supreme Court Took Decision On Judgement In Governor Yusuf’s Appeal

BREAKING: What Transpired Before Supreme Court Took Decision On Judgement In Governor Yusuf’s Appeal

The Supreme Court has deferred judgment in the appeal filed by Kano State Governor Abba Yusuf, challenging the decisions of the Court of Appeal and the State Election Petitions Tribunal that led to his removal from office.

The five-member panel, headed by Justice John Okoro, reserved judgment following the adoption of briefs of arguments by the parties.

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During the hearing, Justice Okoro urged the counsels to collaborate and determine which of the nine appeals and cross-appeals should be heard, with the result binding on the remaining eight. All parties reached a consensus to prioritize the main appeal, which will be heard by the apex court, while cross-appeals, including those questioning Abba Yusuf’s membership, will abide by the outcome.

Abubakar Mahmoud, counsel for the Independent National Electoral Commission (INEC), argued that the key witness whose testimony led to the deduction of 165,616 votes from Yusuf was subpoenaed to provide evidence. He contended that the testimony was inadmissible as it was not front-loaded with the main petition at the Tribunal, rendering the testimony and the exhibits submitted incompetent.

The counsel for the Independent National Electoral Commission (INEC) informed the court that the disputed 165,616 ballot papers were genuine and originated from INEC, not from an external source. He emphasized that on the day of the election, it is not the responsibility of a voter to verify whether a ballot paper is signed, stamped, or lacks a date of the election; instead, this duty falls to a party agent.

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Mahmoud added that the recounting of votes took place privately in the tribunal chambers after deducting the contested 165,616 votes. Furthermore, he stated that even when these ballots were presented at the Court of Appeal, they were not demonstrated.

INEC’s counsel also conveyed to the Supreme Court panel that only a fraction of the illicit ballots was examined during the tribunal proceedings.

Mahmoud clarified that his stance is not aligned with any particular side but is centered on the accurate interpretation of the law.

Regarding Abba Yusuf’s membership in the New Nigeria Peoples Party (NNPP), he asserted that this is an internal matter for the concerned political party and not within the jurisdiction of an external body, citing precedents set by the apex court.

He emphasized that the issue is not a constitutional matter, contrary to the All Progressives Congress’s (APC) claim, which relied on Section 177(c) of the Constitution, as amended, and Section 77 of the Electoral Act.

Mahmoud criticized the practice of political parties attempting to secure victory in court after voters have made their decision, characterizing the court as an “arena” in such instances.

He informed the Supreme Court that the NNPP had submitted Abba Yusuf’s name as its candidate for the governorship election. If the APC had any objections to Yusuf’s candidacy, Mahmoud argued that it should have raised them after INEC published the list of candidates.

Governor Yusuf’s counsel, Wole Olanipekun, contested the annulment of his electoral victory based on the failure of the INEC presiding officer to sign or stamp the ballot papers.

Olanipekun argued that this issue is not governed by the Electoral Act but rather by INEC’s guidelines. He insisted that it is not sufficient grounds to declare the votes unlawful and nullify the election.

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Furthermore, Olanipekun informed the court that, according to the evidence provided by an expert witness during the Tribunal stage, only about 1,800 ballots lacked signatures or stamps. He contended that these figures are insignificant and insufficient to warrant the nullification of the election.

Regarding Yusuf’s party membership, Olanipekun emphasized that it is an internal matter for the concerned political party, and the courts lack jurisdiction to decide on the selection of a party’s candidate. He urged the court to overturn the decision of the Appeal Court, which affirmed the tribunal’s ruling that removed the governor.

APC’s counsel, Akin Olujimi, maintained that Section 177(c) of the Constitution is a crucial determinant in the Kano case, emphasizing that the constitutional nature of the matter grants the court jurisdiction to adjudicate on it.

On November 13, the Court of Appeal upheld the tribunal’s decision. In its ruling, the Appeal Court concurred with the tribunal’s judgment, stating that Abba Yusuf’s candidacy violated the Electoral Law, rendering him ineligible to contest the election.

In September, the tribunal annulled Yusuf’s victory in the March 18 governorship election, affirming Nasiru Gawuna of the All Progressives Congress (APC) as the duly elected governor of Kano.

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