The Supreme Court on Thursday, December 21, reserved its judgment on the appeals related to the Kano State governorship election dispute.
The Independent National Electoral Commission (INEC) had declared Abba Yusuf of the New Nigeria People’s Party (NNPP) as the winner.
Nine appeals and counter-appeals were filed in all, but on Thursday, a five-member panel of the apex court presided over by Justice John Okoro elected to hear the main one filed by Yusuf, marked: SC/CV/1179/2023.
The court said its decision in the appeal heard is to be applied to others because the issues are similar.
After lawyers in the case adopted their written briefs and made final submissions, Justice Okoro said the judgment is reserved till a date to be communicated to parties.
Yusuf is, by his appeal, seeking to upturn the November 17 judgment of the Court of Appeal, which affirmed the September 20 decision of the election tribunal voiding his victory in the March 18 election.
Yusuf’s lawyer, Chief Wole Olanipekun (SAN) contended that there was no legal basis for the tribunal and the Court of Appeal to annul his client’s election on grounds of non-compliance with the Electoral Guidelines issued by INEC.
Olanipekun noted that Yusuf’s case was the first time in the history of electoral jurisprudence in the country where an election would be voided on the basis that ballot papers were not stamped, dated and signed by INEC.
He argued that the electoral guidelines did not envisage the cancellation of an election on the grounds that INEC failed to stamp or sign the ballot papers.
Olanipekun recalled that an expert witness, who testified at the tribunal, said only a fraction of votes (1,886 ballots papers) were not signed, but the tribunal chose to cancel 165,616 votes.
When asked by Justice Okoro whether the issue bordering on the source of the disputed ballots was raised at the tribunal, Olanipekun said nobody raised the legality of the ballots.
“Ballot papers cannot be invalidated. Ballot papers are in a bundle. There is no way any forgery can arise, because it is from the same booklet.
“The tribunal said it is not justiceable. It is a pre-election matter. There is a predicate complaint that Mr Yusuf’s membership card was forged.
“The lower court found that the card was not forged, yet the appellate court held that he was not a member of the NNPP,” Olanipekun said.
He prayed the court to allow the appeal, set aside the concurrent findings of the tribunal and the Court of Appeal and grant all the reliefs sought by the appellant.
Lawyer to INEC, Abubakar Mahmoud (SAN) stated that all the ballots used in the Kano governorship election were provided by his client.
Mahmoud argued that the decision by the Appeal Court was at variance with the position of the Supreme Court in the cases of Peter Obi and Atiku Abubakar against INEC and President Bola Tinubu.
He contended that it was not the duty of the electorate to check the source of the ballot papers at the elect before casting their votes.
Mahmoud said: “The tribunal went beyond its powers in this adventure. The overriding duty of the court in election dispute is to give effect to the wishes of the electorate.
“What the court did was very upsetting and should not be allowed to stand.”
On Yusuf’s membership of the NNPP, Mahmoud noted it was clearly an internal affair of the party and did not amount to a constitutional breach.
He noted out that the All Progressives Congress (APC) did not challenge Yusuf’s membership of the NNPP when INEC published his name on its website before the March 18 election.
Mahmoud said: “I submit that this appeal should be allowed. It is meritorious, because it is a reflection of the will of the people of Kano State.”
Lawyer to the APC and its candidate in the election, Nasir Gawuna, Chief Akin Olujinmi (SAN) urged the court to dismiss the appeal and affirm the concurrent findings of the two courts below.
Olujinmi cited Section 42 of Electoral Act and Regulation 19 of INEC Electoral Guidelines and argued that INEC ought to have stamped, dated and signed the ballots that are being disputed.
He said the Returning Officers deployed for the Kano governorship election should have stamped, dated and signed the 165,616 ballot papers.
Olujinmi faulted Olanipekun’s claim that only 1,886 votes were not signed and stamped by INEC.
He said: “When the witness was cross-examined at the tribunal, the expert witness said 165,616 votes.
“That evidence remains unchanged. The findings were that many of the ballot papers were not signed.
“These were irregularities that were manifest in the conduct of the election. This amounts to non-compliance with the Electoral Act.”
Olujinmi cited Section 177 (c) of the Constitution and argued that the Court of Appeal has the jurisdiction to hear and determine the issue of Yusuf’s membership of the NNPP.
He recalled that the NNPP produced its membership register but Yusuf’s name was conspicuously absent, adding that Yusuf did not address the court on that issue.
Olujinmi added: “When the issue has to do with the Constitution, the court has a duty to look at the issue and determine it.
“It is no longer an internal affair of a political party because it touches on a provision of the Nigerian constitution – membership of a political party.”
The appeal lapses on 14 January, 2024. Therefore, the Supreme Court must deliver judgement on the suit within the statutory 60 days it has to determine appeals on governorship election disputes.
The tribunal had voided Yusuf’s victory after declaring 165,616 of his votes invalid, a decision a three-member panel of the Court of Appeal that sat in Abuja affirmed.
