The Court of Appeal in Abuja has upheld the decision of the lower election petition tribunal, declaring the nullification of Abba Yusuf as the governor of Kano State.
A three-member panel of the Court of Appeal, led by Moore Adumein, delivered a unanimous judgment on Friday, declaring Nasiru Gawuna of the All Progressives Congress (APC) as the winner of the 18 March governorship election in Kano State.
The tribunal had earlier declared Gawuna the winner, citing invalid votes cast in favor of Yusuf. However, the Court of Appeal based its decision on the disqualification of Yusuf as a candidate in the election, stating that he was not a member of the New Nigeria Peoples Party (NNPP) at the time of the election.
The court emphasized that without being a member of a political party, Yusuf could not have been validly nominated to run for the election in March. In the ruling, the Judge held that “Yusuf Abba was not a member of the NNPP as of the time he was purportedly sponsored on 18 March for the Kano Governorship election. The tribunal was wrong not to have disqualified the appellant, Governor Yusuf.”
Justice Adumein added: “The tribunal was wrong not to have disqualified the appellant, Governor Yusuf. The failure of NNPP to properly sponsor Mr Yusuf according to Section 177 (c) of the constitution, is fatal to their case.
“All the nine issues are hereby resolved against the appellant, the judge held. This appeal is hereby dismissed. The sum of N1 million is awarded as cost against Governor Yusuf.”
The story background
The incumbent governor, Yusuf, had won the governorship election on the platform of the NNPP but faced legal challenges from Gawuna of the APC. The Independent National Electoral Commission (INEC) initially declared Yusuf as the winner of the election.
In a unanimous decision on September 20, the Kano State Governorship Election Petition Tribunal nullified Yusuf’s victory by declaring 165,663 of his votes invalid. Consequently, the lower tribunal declared Gawuna as the lawfully elected candidate, as he emerged with the highest number of valid votes after the deduction from Yusuf’s total score.
The governor appealed this decision, leading to the recent ruling by the Court of Appeal.
While the Court of Appeal’s decision is significant, it may not be the final resolution, as any aggrieved party can still appeal to the Supreme Court. The legal battle over the Kano State governorship election is likely to continue as the parties involved pursue further legal recourse.
The recent judgment is just one among many similar cases being held across the country. Observers perceive this trend, where courts are deciding election outcomes, as indicative of a broader issue—lack of credibility within the Nigerian electoral system. This reliance on legal interventions to determine election winners raises concerns about the overall integrity and trustworthiness of the electoral process.
