By Ayorinde Taiwo (SIWES student, Gate Way Polytechnic Saapade)
The Court of Appeal in Abuja has withheld its judgment in the appeal lodged by Kano State Governor, Abba Yusuf, contesting his removal by the Governorship Election Petition Tribunal.
This move comes after the Tribunal invalidated a portion of Yusuf’s votes, rendering him ineligible.
On September 20, the three-man panel of the Tribunal, led by Justice Oluyemi Akintan Osadebay, stripped Yusuf of his governorship position, citing 165,663 invalidated votes due to unsigned and unstamped ballot papers by the Independent National Electoral Commission (INEC).
The Tribunal made a groundbreaking decision by nullifying an election based on non-stamped and unsigned ballot papers, a departure from established legal precedent.
Furthermore, the Tribunal referred to section 71 of the Electoral Act, which deals with electoral forms and sum sheets, leading to disputes about its relevance in this case.
The appeal hearing saw arguments from both sides, with the appellant’s lead counsel, Wole Olanipekun, contesting the Tribunal’s decision and the reference to section 71 of the Electoral Act, as well as highlighting the unusual scenario where a political party filed a petition without joining its candidate, who subsequently won the election.
In response, the first respondent’s lead counsel, Akin Olujuimi, contended that the Tribunal’s decision was consistent with established INEC regulations regarding the proper casting of votes, where signatures, stamps, and dates on ballot papers are required. Olujuimi also disagreed with the idea that section 71 should have led to the nullification of the decision.
Moreover, INEC’s counsel, A.B. Mahmoud, supported the dismissal of the APC’s cross-appeal, emphasizing that it lacked merit, while arguing that the Tribunal’s decision went beyond its jurisdiction by scrutinizing and recounting votes.
Finally, counsel for the APC, Offiong Offiong, urged the court to dismiss the appeal, asserting that a trial court has the authority to investigate submitted documents as evidence.
The Court of Appeal has decided to reserve judgments in all these matters, and the date for announcing these judgments will be communicated to the parties involved in the appeal.
