The Supreme Court has upheld the election of Abba Yusuf as Governor of Kano State, reversing the decision of the Court of Appeal and the Governorship Election Petitions Tribunal, which sacked the governor.
Justice John Okoro, who read the lead Judgement said the Court of Appeal was wrong in affirming the decision of the tribunal, which held that Yusuf did not win the majority of lawful votes cast at the Governorship Election.
In determining the case, the apex court raised two issues: weather the lower court was right in deducting the 165,616 votes of the governor.
In the judgement, Justice Okoro held that the tribunal was wrong in deducting 165,616 votes accrued to Yusuf in the election on the grounds that the ballot papers were not signed and stamped by INEC officials.
According to him, Section 71 of the Electoral Act relied upon by the tribunal to deduct the disputed votes does not apply in the instant case.
The Supreme Court panel of five justices, subsequently went ahead to restore the deducted 165,616 votes to reinstate the victory of Yusuf in the governorship election.
On the second issue, the Supreme Court again faulted the Court of Appeal for holding that Yusuf was not a member of the New Nigeria Peoples Party (NNPP) as of the time he contested the poll, adding that the issue of nomination and sponsorship is a pre-election matter and outside the jurisdiction of the court.
Justice Okoro observed that contrary to the appellate court, the tribunal never held that Yusuf was not qualified to contest the poll but that his name was not in the NNPP’s membership register submitted to INEC.
The apex court subsequently set aside the judgment of the two lower courts for being perverse and restored the electoral victory of Abba Yusuf.
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