In a significant reversal, the Supreme Court has affirmed the election of Abba Yusuf as the Governor of Kano State, overturning the earlier decisions of both the Court of Appeal and the Governorship Election Petitions Tribunal, which had led to the governor’s dismissal.
Justice John Okoro, delivering the lead judgment on Friday, stated that the Court of Appeal erred in upholding the tribunal’s decision, which claimed that Yusuf did not secure the majority of lawful votes in the governorship election held on March 18, 2023.
The apex court, while addressing the case, focused on two key issues: whether the lower court was justified in deducting 165,616 votes from the total announced by the Independent National Electoral Commission (INEC) for the governor and whether the lower court had the authority to decide on party membership.
Justice Okoro, in the judgment, declared that the tribunal was incorrect in deducting the contested 165,616 votes, emphasizing that the Electoral Act’s Section 71, relied upon by the tribunal, did not apply in this instance.
The panel of five Supreme Court justices proceeded to reinstate the deducted 165,616 votes, thereby confirming Yusuf’s victory in the governorship election.
On the second issue, the Supreme Court criticized the Court of Appeal for asserting that Yusuf was not a member of the New Nigeria Peoples Party (NNPP) when he contested the poll. The apex court noted that the matter of nomination and sponsorship is a pre-election issue, falling outside the court’s jurisdiction.
Justice Okoro pointed out that unlike the appellate court, the tribunal never concluded that Yusuf was unqualified to participate in the poll but rather highlighted that his name was absent from the NNPP’s membership register submitted to INEC.
Consequently, the Supreme Court set aside the judgments of the two lower courts, deeming them as perverse, and restored Abba Yusuf’s electoral triumph.
Yusuf’s Court Of Appeal Sack:
Friday’s verdict comes approximately two months after the Court of Appeal, led by Moore Adumein, unanimously dismissed Governor Yusuf, declaring Nasiru Gawuna of the All Progressives Congress (APC) as the election winner.
The Court of Appeal additionally disqualified Governor Yusuf as a candidate, contending that he was not an NNPP member during the election.
The court deducted 165,663 votes, alleging that the ballots lacked proper stamping or signing. The Supreme Court’s decision nullifies the previous rulings and reinstates Abba Yusuf’s electoral success.
Ada Peter
