The Supreme Court of Nigeria, Thursday, reserved judgment in an appeal instituted by the Kano State Governor, Abba Yusuf and it’s party, the New Nigeria People’s Party (NNPP).
The Governor is before the court, praying it to set aside the decisions of the state governorship Tribunal and Appeal Court which nullified his victory in the March 18 governorship election.
The five-member panel of justices headed by Justice John Okoro heard the matter in suit number SC/CV/1179 and cross appeals questioning the membership of Abba Yusuf abiding with the outcome.
In his argument, the Governor, through his counsel, Wole Olanipekun SAN, faulted the nullification of his victory on grounds of the INEC presiding officer failing to sign or stamp the ballot papers.
Olanipekun noted that it has nothing to do with the Electoral Act, insisting it is on INEC’s guidelines and as such not sufficient grounds to deem the votes unlawful warranting nullification.
Olanipekun told the Apex Court panel that based on the evidence given by an expert witness during the Tribunal stage of the matter, only about 1,800 ballots were not signed or stamped. And that those are insignificant figures and as such insufficient to void the election.
On the membership of Yusuf, Olanipekun stressed that it is the internal affair of the party concerned, with the courts therefore lacking jurisdiction to decide on the choice of a political party’s candidate. He therefore prayed the court to upturn the decision of the Appeal Court which affirmed the decision of the Tribunal sacking the governor.
However, the Independent National Electoral Commission(INEC), through its counsel, Abubakar Mahmoud, insisted that the key witness whose testimony was the ground for deducting the 165,616 votes of Yusuf deemed unlawful was a subpoened to give evidence.
According to INEC, the witness testimony was inadmissible having not been front loaded along with the main petition at the Tribunal and as such his testimony and exhibits tendered are therefore incompetent.
He maintained that the 165,616 ballot papers were authentic and originated from INEC and not elsewhere, adding that it’s not the duty of a voter, on the day of election, to check if a ballot paper is signed or stamped and without date of election, adding that’s the task of a party agent.
Mahmoud further informed the Apex Court panel that the recounting of votes was done privately at the Tribunal chambers after the deduction of the contested 165,616 votes. He adds that even when they were brought to the Court of Appeal they weren’t demonstrated.
INEC’s Counsel further told the Apex Court panel that only a portion of the unlawful ballots were examined at the Tribunal.
Mahmoud thereby clarified that he is not taking sides except with respect to the correct interpretation of the law.
On Yusuf’s membership of the NNPP, he stated that is an internal affair of the political party concerned and not for an external body, citing previous decisions of the apex court.
He therefore added that it is not a constitutional matter as being claimed by the APC which relies on Section 177(c) of the Constitution, as amended, and Section 77 of the Electoral Act.
He informed the Apex Court that the NNPP submitted the name of Abba Yusuf as its candidate for the governorship election, and that if the APC had anything against Yusuf’s candidacy it should have done so after INEC published the names of candidates.
On his part, counsel for the All Progressive Congress (APC), Akin Olujimi, drew the attention of the court to the Section 177(c) of the Constitution, urging it to ride on it to determine the matter as it’s a constitutional issue
