Kano Guber: Appeal Court Affirms Abba Yusuf’s Sack 

The Court of Appeal sitting in Abuja has upheld the judgment of the Kano State Governorship Tribunal that sacked Governor Abba Kabir Yusuf of the New Nigeria Peoples Party (NNPP) as the governor of the state. The Governorship Election Petition Tribunal declared the All Progressives Congress (APC) flagbearer, Nasiru Yusuf Gawuna, as the winner of the state’s governorship poll held on March 18. The Independent National Electronic Electoral Commission (INEC) had announced Yusuf as the winner of the March 18, 2023 election, saying he garnered 1,019,602 votes to defeat Gawuna who got 890,705 of the votes cast. Consequently, the APC headed the Tribunal, citing alleged electoral malpractice. The Tribunal in it ruling nullified Yusuf’s election, adding that over 160,000 ballot papers “were not signed or stamped by INEC”. The three-man panel of the Tribunal led by Justice Oluyemi Akintan Osadebay sacked Yusuf on September 20, 2023, after deducting 165,663 of his votes. Yusuf’s votes were subsequently reduced to 853,939 while Ganuwa’s 890,705 votes were not affected. Not satisfied, Yusuf proceeded to the appeal court which held that it can be seen that the Tribunal acted in the overall interest of justice when it allowed APC’s tendering of documents during trial. The court held that INEC released documents to the APC piecemeal in order to defeat the petition of the petitioner. The judgement further posited  the the Petitioner’s insistence that APC ought to have joined its candidate, Ganuwa, as a party at the Tribunal proceedings, was not backed by the 1999 Constitution. It maintained that a candidate is entitled to be represented by his political party during litigation, adding that every political party shall maintain the register of its voters. The court said the appellant to his own detriment did not submit his NNPP membership registrar or even tendered his statement on oath regarding his membership of the party. The court added that the name of Abba is not the NNPP membership registrar. “As rightfully found, Yusuf Abba was not a member of the NNPP at the time he was purportedly sponsored by his party and he was not qualified to contest the March Governorship Election,” the court while affirming the judgment of the Tribunal. “If you claim to be a member of a political party, is it not logical for you to say so by yourself and not by proxy? “Even though membership of a political party is an internal affair, a political party cannot be permitted to circumvent or breach the provisions of the 1999 Constitution. “The Tribunal was wrong not to have disqualified the appellant. “Therefore, the failure of the appellant and the NNPP to comply with the 1999 Constitution is fatal to their election. “All issues in this appeal are dismissed and the judgment of the Tribunal is affirmed,” the court held.

Tribunal Victory: Jandor, Rhodes-Vivour Should Join Me In Building Lagos -Sanwo-Olu

Lagos State Governor, Babajide Sanwo-Olu has described the Governorship Election Petition Tribunal judgement as a victory for all Lagosians, even as he called on the Peoples Democratic Party (PDP) and its governorship candidate, Abdulazeez Adediran, and Mr Gbadebo Rhodes-Vivour of the Labour Party, to join hands with him in building Lagos. Sanwo-Olu said this while addressing newsmen at the State House in Ikeja, after the11-hour judgment by a three-man panel led by Justice Arum Ashom at the Roseline Omotosho Court, Ikeja, Lagos. The panel in its unanimous decision, dismissed the two petitions filed by the Peoples Democratic Party (PDP) and its governorship candidate Abdulazeez Adediran, and Mr Gbadebo Rhodes-Vivour, his Labour Party counterpart. The governor lauded the judges for doing a good job, adding that they gave a well thought out and detailed judgment. Sanwo-Olu said the verdict was a call to greater service while assuring that his government would continue to work harder to deliver dividends of democracy to the people “It was a long, tough process but we are grateful that the voice of people of Lagos was heard and upheld. “The deputy governor and I are very privileged and thankful to residents for standing for and by us. It is a victory for all, no winner, no loser. “It is, however, an opportunity for more work and service. Therefore, we will continue to work harder to deliver the dividends of democracy to the people,” he said. The governor called on other candidates to join hands together to build a Lagos of their dreams. According to him, “l extend, again, an olive branch to my fellow contestants to join us in building the Lagos of our dreams. “If they have the passion to serve, we can work together because there is room for everyone to contribute meaningfully to the Lagos we all desire to see.” Reacting, Mr Olagbade Benson, Senior counsel to the Labour Party (LP) candidate, said the tribunal in his wisdom had delivered the judgment to the best of their knowledge. He advised all members of the party to stay calm and respect the rule of law. “The tribunal has done their part and we cannot ask for more. Therefore, we encourage every member of the Labour Party and all OBIdients to stay calm and obey the rule of law.” The tribunal chairman, Justice Arum Ashom in his lead Judgment had dismissed the petition filed by Rhodes-Vivour on grounds that it lacked merit. On the oath of allegiance to the United States of America by the deputy governor, Dr Obafemi Hamzat, the tribunal held that being a citizen of Nigeria by birth, his oath of allegiance to United State does not prevent him from contesting election. The tribunal, therefore, affirmed the declaration of INEC of the election of Sanwo-Olu and Hamzat as the governor and deputy governor duly elected. On his part, reacting to the judgment, Mr Austin Akpomreta, defense counsel to the PDP governorship candidate explained that the next line of action would be taken after reviewing the judgment with his client. The election petition tribunal had also declared as dead on arrival, a petition of Adediran against Sanwo-Olu’s election. The tribunal held that evidence before it showed that the petition lacked merit. Adediran had contended that Sanwo-Olu was wrongfully nominated and sponsored by the APC and, therefore, was not qualified for the election. However, Justice Mikail Abdullahi, while reading the tribunal’s decision on the matter, held that the position did not form part of the grounds for disqualification for election into the office of a governor, under Sections 177 and 182 of the Nigerian Constitution (as amended). The tribunal also declared that it had no powers to inquire into the primary election of the APC which produced Sanwo-Olu, adding that the issue was a pre-election matter which did not fall under its jurisdiction.