The Appeal Court sitting in Abuja has reserved judgment in the Governorship appeal between Governor Abba Kabiru Yusuf of the New Nigeria Peoples Party (NNPP) and Nasiru Yusuf Gawuna of the All Progressives Congress (APC).
Governor Yusuf is challenging the judgment of Kano Governorship Election Petition Tribunal which declared the candidate of APC, Gawuna, winner of the election of the March 18th Governorship poll in the state.
The lower court led by Justice Oluyemi Akintan Osadebay had invalidated the victory of Governor Yusuf based on deduction of 165,616 illegal ballots casted in favor of NNPP candidate. The Tribunal had contended with the submission of APC to nullify Yusuf’s election on the basis that the ballots were not signed, dated and or, stamped by INEC.
Subsequently, the tribunal deducted the invalid 165,616 votes from the 1,019,602 total votes cast earlier declared in favor of Yusuf to arrive at 853,939, a figure lesser to 890,705 votes of Gawuna.
At the opening of hearing on Monday, lead Counsel to the appellant Wole Olanipekun SAN, urged the court to set aside the decision of the tribunal in its entirety, for lacking in merit.
Olanipekun argued that the Tribunal has created new precedents which depart from all the judgments made by the appellate or Supreme Court particularly on the issues of invalid ballots and qualification of party candidate.
The Senior Advocate argued on behalf of the appellant (Gov. Yusuf) to contend that it is the first time in the history of the electoral trial where court upturn an election on the basis of non-signing of the back of ballot papers.
He further submitted that the court erred in law to accept a political party’s petition in a matter without being joined by its candidate and went as far as declaring the candidate winner of the polls.
Akin Olujimi SAN, counsel for APC, in his reply on the issue of valid ballot, said the decisions of the Appeal Courts right from 2009 have emphatically settled all issues around non signing of ballots amounts to electoral malpractice.
He argued that INEC regulation have set out what presiding officers are to do at the point of voting, adding that the back of ballot papers must be signed and dated.
He said where there is a failure of presiding officers to do the needful, it amounts to non-compliance to the Electoral Act.
On the APC candidate who was not joined as a party at the Tribunal, Olujimi said it is settled law that votes are cast for the party in an election and that any decision affecting a political party embraces all its members.
In the APC’s cross-appeal, Olujimi also urged the court to hold that the Kano State governor was not a member of the NNPP as of the time he was sponsored by the party.
The court has reserved judgement in the appeal to a date to be communicated to the parties.
