There are telltale indications that the controversy trailing the judgement of the Court of Appeal on the governorship election in Kano State is far from abating as the New Nigeria Peoples Party (NNPP) yesterday asked the National Judicial Council (NJC) to investigate the verdict.
The party insisted that the Certified True Copy (CTC) of the judgement on delivered on its appeal showed their gubernatorial candidate won election.
Speaking at a press conference in Abuja, national chairman of the NNPP, Abba Kawu Ali, said even though they were challenging the matter at the Supreme Court, they still want the NJC to, without delay, commence investigation to unravel what happened in the matter.
“We are an interested party. We own the platform on which Engr. Abba Kabir Yusuf ran for the election and was declared the winner. We are calling on the National Judicial Council (NJC), to without delay commence investigation to unravel what happened in the matter.
“Also, we are calling on eminent members of the bench (both retired and serving) and the bar, to be interested in what happened that we have the kind of scenario presented in the CTC of the judgement of the Appeal Court,” NNPP said.
RELATED: Appeal Court Affirms APC’s Abdullahi Sule As Nasarawa Gov
NNPP said it will not back out from their quest to get justice and retrieve the mandate freely and willingly given to their candidate, Engr. Abba Kabir Yusuf, in the March 18, 2023 governorship election in Kano State as announced by the electoral umpire, Independent National Electoral Commission (INEC).
The party stated: “The announcement by INEC prompted the All Progressives Congress APC, (but please note this, without their Candidate) to go to the Tribunal to challenge Engr. Abba Kabir Yusuf’s victory and the Tribunal on September 20 2023, delivered its ruling and gave victory to the APC Candidate who was not part of the case!
“The Governor, Engr. Abba Kabir Yusuf promptly proceeded to the Appeal Court, and three Justices, Honorable Justice Moore Aseimo Abraham Adumien JCA; Honorable Justice Bitrus Gyarazama Sanga JCA; and Honorable Justice Lateef Adebayo Ganiyu JCA heard the matter and delivered their judgment in the Appeal No/ CA/KN/ EP/GOV/KAN/34/2023, on Friday, November 17, 2023.
“All efforts to get the Certified True Copies (CTC) of the judgement for our Legal team, up till yesterday, Tuesday, November 21, 2023 to prepare our processes for the appeal proved abortive and this prompted the alarm we raised up till yesterday morning, because time was running out on us.
“We all know that the appeal must be filed within 14 days. Now we wish to inform the world that we were finally able to collect the CTC yesterday afternoon.
“Ladies and Gentlemen of the Press, to our greatest surprise, the CTC showed that the judgment delivered by Honorable Justice Moore Aseimo Abraham Adumein (JCA) and concurred to by Honorable Justice Bitrus Gyarazama JCA, and Honorable Justice Lateef Adebayo Ganiyu (JCA) is actually in favour of our Candidate, the Governor of Kano State, Engr. Abba Kabir Yusuf.
“At page 67 of the extant judgment in its conclusive findings held inter alia: “In the circumstances, I resolve all the issues in favour of the appellant” (Engr. Yusuf Abba Kabir)” the judgment of the tribunal in petition No: EPT/KN/GOV/01/2023 between the All Progressives Congress (APC) Vs INEC & 2 others delivered on September 20, 2023 is hereby set aside”
“The sum of N1 million only is hereby awarded as costs in favour of the appellant (Engr. Abba Kabir Yusuf) and against the 1st respondent” (APC). Ladies and Gentlemen of the Press, this is a complex situation, we as a political party and our candidate have found ourselves”.
The NNPP implored leaders, elders and other major stakeholders in the Nigerian project, including the media, to wade into the matter to avert the danger the development portends for the nation’s democracy.
Meanwhile, Kano State governor, Abba Yusuf, has filed an appeal before the Supreme Court to challenge his removal by the court of Appeal last week.
In the notice of appeal filed by the NNPP, the governor joined the INEC as well as the All Progressives Congress (APC) as respondents.
The party and its candidate filed 10 grounds of appeal against the judgment of the appellate court, seeking three reliefs from the highest court in the land.
It prayed the court for an order allowing the appeal and setting aside the judgment of the appellate court delivered on November 17, 2023.
The governor and his party also sought for an order upholding the portion of the judgment of the Court of Appeal setting aside the judgment of the trial tribunal in petition No: EPT/RV/GOV/11/2023 and making an order as costs in favour of the appellant.
Last week, the Court of Appeal had set aside the election of Governor Yusuf, declaring that the non-inclusion of his name in the register of his party held by INEC violated section 177 (c) of the 1999 Constitution (as amended), which requires a candidate vying for a governorship position to be a member of a political party.
The ruling was contrary to the judgement of the governorship election petition tribunal, which ruled that the court lacked the jurisdiction to determine the membership of a party.
The appellate court removed the governor and declared his opponent, Nasiru Gawuna of APC as the duly elected governor.
Anxiety as APC, NNPP Fix Protests For Saturday In Kano
Meanwhile, there is palpable tension in the country, particularly in Kano State, as the APC insisted yesterday that it would hold a counter protest rally simultaneously with that of the NNPP fixed for tomorrow, Saturday November 25, 23023 in Kano State.
It would be recalled that the ruling NNPP in the state had earlier announced that it would hold a rally on the same day.
But APC stakeholders from Kano maintained that the state was big enough for the two parties to hold their events without any clash.
Addressing journalists in a press conference at the party’s national secretariat in Abuja, the Kano APC stakeholders stated that Kano had been peaceful throughout the eight-year administration of the party as evidenced in the increased number of governmental, non-governmental organizations and corporate bodies rushing to Kano to hold their conferences, seminars, symposia, and annual general meetings and, importantly, inflow of Foreign Direct Investments (FDIs).
Director-general of the Gawuna/Garo Campaign Organization, Alhaji Rabiu Suleiman Bichi, who spoke on behalf of the stakeholders, noted however that the people of Kano have been living in perpetual fear of intimidation and threat to life and property since the NNPP administration assumed office.
Bichi stated: “Apart from public property, the state headquarters of our party and properties of some leading figures of the APC were torched, all in the name of celebration.
“The APC as a party that has always been promoting the cause of democracy and the rule of law, rejected the outcome of the election and sought to reclaim its mandate through the appropriate channel as laid down in the Electoral Act and the Constitution of the Federal Republic of Nigeria.
“After filing its case at the state Governorship Election Petition Tribunal that sat in Kano, the APC patiently pursued it for months up to the pronouncement of the stage where the three-man panel of judges fixed the date for the judgement.
“However, sensing defeat, the NNPP resorted to threatening to kill the judges of the tribunal should the verdict of the court eventually be announced and not in their favour. The threats by the NNPP government’s cabinet members included among others, the Secretary to the Kano State Government, Baffa Bichi, who forced the tribunal to deliver its judgement via Zoom for fear of their lives.
“The NNPP government then resorted to sponsored street protests, including embarrassingly the one held in London on which millions of naira were said to have been spent. The aim of the protests to further instil fear in the minds of the people failed, as only a few attended.”
The APC stakeholders further accused the NNPP government in Kano of setting aside millions of naira for propaganda in the media where they have been spreading all sorts of lies, as well as blackmailing and harassing officials of the immediate past APC administration.
Bichi continued: “Things appear to be getting worse since the embattled leader of the NNPP Senator Rabi’u Musa Kwankwaso came back to Kano on Sunday, where he held a meeting of the party’s stakeholders, at the end of which they came up with a line-up of activities that included unleashing of violence to not only eliminate the APC in Kano but also to make it ungovernable in the event of Supreme Court judgement in favour of the APC.
“We have it from reliable sources that they are planning a mass protest on Saturday during which key figures of the APC will be targeted.
“It is on this note that we call on the Kano state police command and other security agencies to be alive to their responsibilities and take appropriate measures to avoid loss of lives and property”.
Inuwa, Sule Affirmed as Gombe, Nasarawa Governors
Meanwhile, the Court of Appeal sitting in Abuja yesterday affirmed the judgement of the Gombe State governorship election tribunal which upheld the victory of Governor Muhammad Inuwa Yahaya in the last governorship election held in the state.
The tribunal had dismissed the petition filed by the People’s Democratic Party (PDP) challenging the re-election of Governor Yahaya of the APC.
INEC had on March 18, 2023 announced Governor Yahaya of the APC winner of the governorship after polling 342,821 votes to defeat his close rival, Muhammad Jibrin Barde of the PDP, who scored 233,131.
Not satisfied with the outcome of the election, the PDP candidate had approached the tribunal insisting that the election of the governor did not comply with the provisions of the Electoral Act.
His lawyers maintained that the PDP candidate scored the majority of the lawful votes cast during the poll, while multiple thumb printing and ballot box stuffing took place in nine local government areas of the state in favour of Governor Inuwa Yahaya.
But the three-man panel of the tribunal chaired by Justice S.B. Belgore dismissed the PDP application for lacking of merit.
The tribunal further expunged the witnesses’ statements and exhibits of the PDP (INEC forms) for being baseless.
The PDP candidate then approached the Court of Appeal to seek redress.
In its judgement yesterday, the appellate court agreed with the tribunal that PDP’s petition case was devoid of merit.
“We have considered all the issues and have agreed that the appeal is void of merit,” the Appeal Court held while dismissing the appeal”, the court said.
The Court of Appeal in Abuja also set aside the judgement of the election petitions tribunal in Nasarawa State which nullified the election of Governor, Abdullahi Sule.
The tribunal, in its judgment delivered on October 2, 2023 ordered the removal of the governor from office.
But the appellate court held yesterday that the tribunal headed by Justice Ezekiel Ajayi acted in grave error in using witness statements on oath they were despite that they were not front loaded as required by the law to arrive at the unjust conclusion of nullifying the election of the governor.
In a judgment delivered by Justice Uchechukwu Onyemenam, the Court of Appeal said the tribunal was legally bound to act on witness statements filed along with the petition or front loaded within 21 days stipulated by law.
The court held that no petition can lawfully be amended outside the 21 days allowed by law as wrongly done by the Tribunal.
According to the appellate court, since the statements used by the tribunal to sack the governor were not front loaded in compliance with law, the statements were a product of illegality with no probate value for a law court to act upon.
The court also dismissed issues of over voting also used to annul the election adding that allegations to that were not established by law.
Justice Onyemenam held that the petition by the governorship candidate of the PDP was a nullity and invalid on the ground that the jurisdictional issues raised by the governor were unlawfully ignored by the tribunal.
The Court of Appeal ruled that the tribunal denied the governor fair hearing by not considering and making findings on the issues of jurisdiction raised at the hearing of the petition.
Justice Onyemenam agreed that denial of fair hearing against the governor was fatal and tendered all decisions of the tribunal invalid.
In all, the appellate court reversed all orders made against the governor and the Independent National Electoral Commission INEC and affirmed Sule as the lawfully elected governor of the state.
INEC had declared Sule winner of the governorship election on the ground that he polled a total of 347,209 votes to defeat his closest opponent David Emmanuel Ombugadu who secured 283,016 votes.
In a split decision on October 2, the tribunal nullified Sule’s election and upheld Ombugadu as the winner.
But the PDP in Nasarawa State expressed dissatisfaction with the verdict of the appellate court which affirmed Sule Abdullahi as the duly elected governor of Nasarawa State.
In a statement signed by the state chairman, Hon. Francis Enokela Orogu, PDP said while it respects the judiciary and the rule of law, it firmly believes that the decision by the Court of Appeal does not align with the facts presented during the tribunal proceedings.
Orogu said its legal team has identified significant grounds for appeal that warrants a review of the judgment by the Supreme Court.
The statement reads in part: “Our party will be filing an appeal to the Supreme Court seeking a fair and thorough review of the judgement of the Court of Appeal. We have confidence in the legal system and are optimistic that justice will prevail.
“The PDP in Nasarawa State remains committed to upholding the democratic process and ensuring that the voice of the people is accurately represented. We continue to assert that the election results, as initially determined by the election tribunal, are a true reflection of the will of the people of Nasarawa State.
“We urge our teeming supporters, party faithful, and the general public to remain calm and maintain confidence in the democratic institutions and the judicial system of our great country.”
However, the Nasarawa State governor described the verdict by the Court of Appeal invalidating the decision of the governorship election petitions tribunal sacking him from office as a victory for democracy and the people of the State.
He stated this while addressing APC stakeholders and loyalists who paid him a solidarity visit shortly after the Court of Appeal judgement on Thursday.
The governor urged the main opposition party to set aside whatever differences that the contest must have thrown up and join hands with him in moving the state forward.
According to him, the reason for the political struggle by all parties in the case is to develop the state, adding that his administration will welcome any gesture aimed at bettering the fortune of the state.
Also speaking, the immediate past national chairman of APC, Senator Abdullahi Adamu, and former Senator representing Nasarawa South senatorial district, Umaru Tanko Al-Makura, described the Appeal Court judgement as a true reflection of the will of people of the state.
Youths in Nasarawa State yesterday took to the streets immediately the news of the governor’s victory filtered in.
Motorcycle operators besieged Shendam Road where the state’s seat of power is located and tried to outdo each other in speed.
