In a significant decision, the Court of Appeal in Abuja has removed Governor Abba Kabir Yusuf of Kano State from office, affirming the tribunal’s ruling led by Justice Oluyemi Akintan Osadebay on September 20, 2023.
The appellate panel endorsed the tribunal’s decision to invalidate 165,663 votes of Yusuf, contesting under the New Nigerian Peoples Party, NNPP. The lower court reasoned that these votes lacked signatures or stamps from the Independent National Electoral Commission, INEC. Consequently, Governor Yusuf’s vote tally dwindled to 853,939, while his All Progressives Congress, APC rival, Nasir Ganuwa, retained his count at 890,705.
Yusuf’s Appeal and Legal Argument
Governor Yusuf, dissatisfied with the tribunal’s judgment, sought recourse in the appeal court. Wole Olanipekun, SAN, leading Yusuf’s legal team, vehemently contested the tribunal’s ruling on the grounds of the unprecedented annulment of an election due to the non-signing of the back of ballot papers. Olanipekun also argued that it was the first instance where a political party initiated a matter without including its candidate in the petition, yet the candidate was declared the winner. In contrast, Akin Olujimi SAN, representing APC, countered, citing the Appeal Court’s clear stance that non-signing of ballots constituted electoral malpractice.
Governor Bala Mohammed’s Victory Affirmed by Abuja Division of the Appellate Court
On a separate note, the Abuja Division of the appellate court confirmed Governor Bala Mohammed’s triumph in the March 18 governorship election in Bauchi State. The unanimous decision of the three justices saw no cost awarded, declaring that each party involved should bear its respective costs.
Deputy Governor of Bauchi State, Aueal Jatau, led a delegation to the Court of Appeal, including officials such as the Speaker of the state House of Assembly, Abubakar Suleiman, and the Chairman of the Peoples Democratic Party in the state, Hamza Akuyam. This delegation attended the ruling on the March 2023 governorship election. Notably, Governor Bala Mohammed was absent, represented by Deputy Governor Jatau in his absence.
Background on Bauchi State Election Dispute
After the Independent National Electoral Commission INEC, declared Mohammed of the PDP as the winner, the All Progressives Congress APC candidate, Sadique Abubakar, contested the outcome at the governorship election petition tribunal. Despite the tribunal’s affirmation of Mohammed’s victory, Abubakar proceeded to the Court of Appeal, challenging the lower court’s decision.
