The Appeal Court sitting in Abuja has slated tomorrow Friday November 19, 2023 for judgement on the Kano State governorship election dispute between Governor Abba Yusuf of the New Nigeria People’s Party (NNPP) and Nasiru Gawuna of the All Progressives Congress (APC).
TheNewsGuru.com (TNG) recalls the Court of Appeal had on Monday, November 6th reserved judgment in the appeal filed by Governor Yusuf against the judgement of the Kano Governorship Election Petition Tribunal.
The Court had also reserved judgement in the cross appeal by the APC challenging the eligibility of Yusuf to contest the election, having not been a registered member of the NNPP as of the time of the election.
The tribunal had on September 20 declared Gawuna as the winner of the March 2023 governorship election held in Kano. The tribunal then sacked Yusuf after declaring 165,663 of his votes invalid, saying they were not signed or stamped by INEC.
However, Yusuf, popularly known as Abba Gida-Gida, approached the Appeal Court and urged the court to set aside the judgement of the tribunal for misapplication of law.
Yusuf’s counsel, Wole Olanipekun, SAN, while adopting his brief of arguments, said the main issue in the matter was the voiding of ballot papers for not being stamped or signed, which he faulted.
He cited the provisions of Section 71 of the Electoral Act 2022 to back his arguments, arguing that the tribunal’s ground for voiding his client’s victory was not the correct position of the law.
The learned silk also argued that the APC governorship candidate in the election was not joined as a party in the petition.
Meanwhile, Akin Olujimi, SAN, representing the APC, urged the court to uphold the judgement of the tribunal, arguing that the non-stamping and signing of ballot papers was against INEC’s regulations.
On the non-joining of the APC governorship candidate in the petition at the tribunal, Olujimi said votes are cast for political parties and members who are to benefit from the outcome.
In his argument on the cross appeal, Olanipekun said, it was a mere academic exercise as the Supreme Court had ruled that political parties decide who their candidates are.
In another appeal by the NNPP, Adegboyega Awomolo, SAN, argued that the tribunal was wrong to delve into the issue of recounting of ballot papers in chambers.
This, he said, was done, culminating in the cancellation of more than 165, 000 votes from the governor’s total votes in 32 local government areas.
In the appeal filed by INEC’s counsel, Abubakar Mahmoud, SAN, he aligned with the submission of Olanipekun that, the Tribunal erred for carrying out a recount of ballot papers in chambers.
He added this was not in an open court to arrive at the judgement, as Tribunals are restrained from doing so under Section 137 of the Electoral Act.
Mahmoud noted that the primary function of the court was to give effect to the will of voters, not to recount or recalculate, stressing that doing so, amounted to rewriting election jurisprudence.
He therefore, urged the court to set aside the judgement.
The APC’s counsel, in his submission, prayed the court to uphold the judgement of the Tribunal, arguing that all the necessary processes were followed to warrant ordering the recount in accordance with the Evidence Act.
TNG recalls INEC had declared Yusuf the winner of the March 18, 2023 election after he secured 1,019,602 votes against his closest opponent, Gawuna, who secured 890,705 votes.
Following APC’s Gawuna’s appeal to the tribunal, the tribunal deducted 165,663 votes from Yusuf’s tally, thereby reducing his votes to 853, 939, that is, over 30,000 votes less than Ganuwa’s 890,705.
The tribunal then ruled that the APC candidate was the winner of the governorship election and ordered INEC to withdraw Yusuf’s certificate of return and give Gawuna a new one.
This prompted Gov. Yusuf and his party, the NNPP as well as the INEC to appeal the Tribunal’s judgement seeking to upturn it in their favour.
Appeal Court judgment: Police vow to provide security in Kano
Meanwhile, the Police Command in Kano State has assured the residents of the State of safety before, during and after the Appeal Courts judgement on the Governorship election in the state.
The Commissioner of Police, Usaini Gumel told newsmen in Kano that adequate personnel were deployed across the metropolis to beef up security.
He said, ”After the outcome of the forthcoming Kano Governorship Appeal Court judgement, the residents have every right to expresses their feelings, but that should be done in their respective homes
“What we are avoiding is a situation where some people in the name of celebration or expressing sadnesses over the outcome of the judgement would truncate the peace Kano enjoys.
”We will not tolerate that as police and other security agencies have adopted various security measures to confront any form of security threats in all parts of our supervision,” Gumel said.
The CP said any form of engaging in mass actions, suggesting preparation for violent processions, protests or celebrations that may trigger reactions would not be tolerated.
Gumel added that unguarded statements from politicians likely to increase unnecessary tension or undermine the security arrangements and the sanctity of the judicial system should also be avoided.
”I am liaising with other heads of security agencies working in the state as we have deployed adequate personnel and equipment to identified strategic locations in and out side the metropolis to ensure security of lives and property of residents.
“This is to forestall any attempt to cause disturbance or breakdown of law and order.
“While the police and other scurity agencies are assuring the good people of the state of adequate security before, during and after the declaration of the appeal judgment, residents of Kano State are also expected to play their part in avoiding to be involved in the breakdown of law and order,” he said.
Gumel said that the command, in conjunction with other security agencies in the state would not give room for any unscrupulous persons trying to jeopardise the security arrangements.
He said, “As such, the residents are encouraged to go about their daily activities peacefully.”
