Breaking: Appeal Court affirms tribunal judgment sacking Kano gov
The Court of Appeal sitting in Abuja on Friday, November 17, affirmed the tribunal judgment which declared the All Progressive Congress candidate (APC), Nasiru Gawuna winner of the governorship election.
Telescope.ng reports that the tribunal led by Justice Oluyemi Osadebay had nullified the election of Governor Abba Yusuf by declaring 165, 663 of his votes were invalid.
Recall the lower tribunal had declared the candidate of the All Progressives Congress (APC), Nasir Gawuna, as the lawfully elected candidate in the 18 March election.
The three-member panel of judges in the tribunal led by Oluyemi Asadebay, had ruled in favour of the APC candidate.
The Nation reports after the 18 March election, the Independent National Electoral Commission (INEC) declared that the NNPP polled 1,019,602 votes against the APC’s 890,705 to emerge victorious.
But the tribunal invalidated over 165,663 ballots thumbprinted in favour of NNPP. The court ruled that the votes were deducted because the ballot papers with which they were cast were not stamped or signed. This rendered the votes invalid, according to the tribunal.
The tribunal said the petitioner was able to prove the allegation of the invalidity of some of the votes on the grounds that the election was not in compliance with the provision of the Electoral Act, 2022.
Therefore, the tribunal ordered that the invalid votes be expunged from Yusuf’s scores.
Displeased with the tribunal’s judgement, Yusuf in a notice of appeal dated 2 October 2023, argued that the tribunal erred when it relied on sections 71 and 63 of the Electoral Act, 2022 to invalidate the 165,616 ballot papers returned in his favour.
The governor also said the respondent, (the APC) “did not plead with the polling units where the alleged invalid papers ballot papers were used and the tribunal was therefore wrong to accede to cancel the lawful votes”
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