Law exists to ensure justice prevails and in the court of judges, the truth is unveiled and justice is served to those who deserve it. This was evident in the case of the All Progressives Congress (APC) and the New Nigerian Peoples Party (NNPP) in Kano.
The Independent National Electoral Commission (INEC) conducted the Kano governorship election in March of this year and declared Abba Kabir Yusuf of NNPP as the winner, despite numerous irregularities associated with the election.
APC promptly lodged a petition challenging the emergence of Abba Kabir Yusuf, and after careful deliberation and heated arguments in court, the judges declared Nasiru Yusuf Gawuna of APC as the rightful winner.
The judgement overturning NNPP’s victory was based on the deduction of over 165,000 votes that lacked the INEC official stamp and the signature of the presiding officer. These missing elements rendered the votes invalid.
Although the issue of Abba Kabir’s NNPP membership was raised in APC’s petition, the tribunal judge left it open, perhaps for a higher court to decide.
Upon cross-appeal by APC’s legal team, the appeal court upheld the tribunal’s judgement and, furthermore, declared that Abba Kabir is not a member of NNPP based on the evidence before them.
The court relied on facts and the law itself. According to the law, votes without the necessary stamp, date, or signature of the presiding officer must be deducted. This is evident in the case of AMADASUN & ANOR V. ATIVIE & ORS (2009) LPELR-3761(CA), where the Court of Appeal ruled that votes conveyed by invalid ballot papers ought to be canceled.
As for the issue of party membership, one might argue that it is an internal affair of a party and not justiciable. However, our legal experts have stated that if the complaint revolves around a breach of the Constitution, the Electoral Act, party guidelines, or party constitution, it can be accommodated under Section 84(14) of the Electoral Act. This has been supported by cases such as SC/CV/176/2023 BETWEEN: IBRAHIM SANI V. HON. SANI UMAR DAN GALADIMA & ORS (unreported) and SC/CV/142/2023 BETWEEN: SEN. (DR.) ITA SOLOMON ENANG V. MR. AKANIMO ASUQUO & ORS (unreported), both delivered on 7th March, 2023.
The case of PDP & ANOR V. KAWUWA & ORS (2015) LPELR-26044(CA) further emphasizes this. It clarifies the interpretation of Section 65(2) of the 1999 Constitution, stating that for contesting an election, one must be a member of a political party and be sponsored by that party. Independent candidacy is not recognized.
It is imperative that we respect the court and accept defeat. The two courts have affirmed Nasiru Yusuf Gawuna and Murtala Sule as the governor and deputy governor. It is in the best interest of the opposition NNPP to accept these court verdicts and not mislead their few supporters, thereby distorting our young and vibrant democracy.
Auwal Dankano wrote this piece From Kano.
malamdankano@gmail.com
