S’Court reserves judgment on Kano, Bauchi appeals

The Supreme Court, on Thursday, reserved judgments on the Kano and Bauchi states governorship appeals.

The five-man panel led by John Okoro adjourned the appeals for judgment after listening to the parties’ arguments.

The Kano State Governor and New Nigeria Peoples’ Party candidate, Abba Yusuf, is appealing the lower court decisions that declared the candidate of the All Progressives Congress, Nasiru  Gawuna, as the winner of the March 18 election.

Meanwhile, Sodique Abubakar of the APC is contesting the appeal court and tribunal rulings that upheld the election of Bauchi State Governor, Bala Mohammed.

At the proceeding on Thursday, counsel for Kano governor,  Chief  Wole Olanipekun (SAN), urged the apex court to reverse his client’s sacking, saying the Kano case was the first time in the annals of electoral jurisprudence that an election was nullified on the grounds that ballot papers were not signed or stamped at the back.

“The judgment of the lower courts is very unfair to the appellant and we urge Your Lordships to overturn it. The issue of Abba’s membership of the NNPP is a pre-election matter. The appellate court lacked jurisdiction to entertain the matter,” Olanipekun argued.

But counsel for the APC, Akin Olujimi (SAN), urged the apex court to affirm the lower courts’ verdicts sacking Yusuf and declaring Gawuna the winner of the poll.

Countering Olanipekun, Olujimi argued that the Electoral Act mandated INEC’s presiding officers to sign at the back of ballot papers.

On the issue of party membership, Olujinmi argued that the  NNPP membership register did not show the name of Abba Yusuf on it.

Counsel for INEC, A.B . Mahmoud (SAN), supported the arguments of Olanipekun and urged the court to affirm Yusuf as the valid winner of the poll.

The INEC lawyer said the judgments sacking Yusuf were flawed.

Counsel for the NNPP, Adegboyega Awomolo (SAN), argued that his client should not be made to suffer for the failure of INEC to sign the disputed ballot papers.

“My submission is that election is the decision of the people. The tribunal was wrong to recount the ballots in its chambers,” he said.

He urged the apex court to restore the 165,165 cancelled votes of Abba Yusuf and affirm his election.

After hearing the parties, the apex court reserved its judgment to a date to be communicated to parties.

On the Bauchi appeal,  Abubakar’s lawyer, Jelili Owonikoko (SAN), urged the apex court to reverse the lower court’s decision, declaring Governor Mohammed as the winner of the poll.

But counsel for the governor, Chris Uche (SAN), described the appeal as needless and urged the apex court to dismiss it and uphold the victory security by his client at the lower court.

Uche said, “The appellants never brought any witnesses to speak to the electoral documents tendered at the tribunal. They did not have materials to support their case. I urge my lords to dismiss this appeal.”

The panel, similarly, reserved judgment to a date to be communicated to parties.