•Tribunal reserves judgment
The All Progressives Congress (APC) has asked the Kano State Election Petitions Tribunal to declare that Governor Abba Kabir Yusuf was not a member of the New Nigeria Peoples Party (NNPP) at the time the governorship election was held.
The APC, through its legal counsel, Offiong Offiong, SAN, has petitioned that the name of Abba Kabir Yusuf, who was declared governor by the Independent National Electoral Commission (INEC), was not in the membership register of NNPP submitted to INEC at the time of the election.
The petitioner is praying the tribunal to declare that the NNPP had no candidate in the governorship poll held on March 18, 2023.
But Counsel to INEC, Emmanuel Osayomi, asked the court to dismiss the APC petition, arguing that the plaintiff could not prove their case.
Counsel to the governor, Adegboyega Awomolo, SAN, has also filed an objection to the APC petition, asking the tribunal not to admit it.
The APC has closed its case with 32 witnesses before the tribunal, while INEC has closed their case without presenting any witness on July 20.
Governor Yusuf closed his case on July 22, with the Secretary to the State Government, Dr Abdullahi Baffa Bichi as a lone witness, while NNPP closed its case without calling any witness on July 24.
The State Election Petitions Tribunal on Monday reserved judgement on the petition filed by APC challenging the legitimacy of the declaration of Yusuf as winner of the guber election in the state.
Counsel to Yusuf, Adegboyega Awomolo, SAN, had filed his final written address on July 31 and on August 1.
But the panel’s three judges, led by Justice Oluyemi Akintan Osadebayi, yesterday adjourned the sitting for judgement after counsels to both parties adopted their final written addresses.
The judge said the registrar of the tribunal would communicate the date for the judgement to all parties when it is ready.
“We will be fair, be assured that we will read what the law says and we will read it to the best of our knowledge” Justice Osadebayi said.
The APC lawyer, Offiong Offiong, SAN, in adopting his final written addresses on July 31, August 6, 7, and August 8, responded on point of law for all the respondents.
“We urge the court to adopt our written addresses as our argument. We urge the tribunal to uphold our petition and grant us relief. The second respondent brought two membership registers before and after the election. The membership number is inconsistent. It shows that the second respondent was not a member of NNPP before the election, he became a member after the election. All the ballot papers used in some local governments were not signed, stamped and dated”
Counsel to INEC, Emmanuel Osayomi, filed a written address dated August 1, and August 2. We also filed our final written address dated August 14, written address on admissibility of documents on August 1 and on point of law on August 31,” Osayomi said.
Counsel to the governor, Adegboyega Awomolo SAN, filed his final written address dated July 31 and filed on August 1.
“We filed our written address on point of law dated August 11. We filed an objection to the petition and admissibility of witnesses. We also filed additional authorities on August 18. I pray My Lord will dismiss this petition. I urge My Lord to disregard the position of Pw31 statement of oath dated May 26, there is no evidence” Awomolo said.
Counsel to NNPP, John Olusola-Baiyeshea SAN, adopted his final written address dated July 30 and filed July 31.
He said: “Upon receiving the petition, we replied on the point of law dated August 12 and filed a list of two additional authorities dated August 17.
He urged the tribunal to “dismiss the petition absolutely.”
“This is the most unapproved petition,” an NNPP lawyer told the court.
