The Independent National Electoral Commission (INEC) has withdrawn the appeal against the victory of All Progressive Congress(APC) governorship candidate, Dr. Nasiru Yusuf Gawuna at the Tribunal.
Recall that INEC Governor Abba Kabir Yusuf of the New Nigeria People’s Party (NNPP) as the winner of the March 18 governorship election in Kano
DAILY GIST reported that the Kano State Governorship Election Tribunal had sacked Governor Yusuf and ordered INEC to issue a Certificate of Return to the All Progressive Congress, APC candidate, Dr. Nasiru Yusuf Gawuna.
Reading the judgment transmitted a teleconference service, Zoom, the tribunal deducted 165,663 votes from Mr Yusuf’s as invalid, stating that the ballot papers (165,663) were not stamped or signed and therefore declared invalid.
But the electoral commission had earlier filed a 33-ground appeal against the judgement, saying the trial tribunal erred in law by declaring the candidate of the petitioner, who is not party to the case, as the winner of the election.
It also said the the tribunal “erred in law and fell into grave error when it failed or neglected to properly evaluate the evidence before it especially evidence elicited during cross examination by the Appellant which had a far-reaching consequence on the resolution of the issues in the Petition thereby occasioning a miscarriage of justice to the Appellant.”
In another ground, INEC also said the tribunal erred in law and violated the Appellant’s fundamental right by descending into the arena of the case especially by privately examining documents in the recesses of their chambers, carrying out mathematical calculations, making discoveries and investigations and thus arrived at answers that only evidence demonstrated in the open court could have revealed, which in this case was not so demonstrated, thus rendering the entire proceedings a nullity.”
However, in a letter addressed to the Secretary of Governorship Election Petition Tribunal, signed by Suleiman Alkali, Head of Department (HOD), Legal, INEC, on behalf of the Resident Electoral Commissioner, the electoral umpire said it has no reason to appeal the Tribunal judgement.
Alkali stated that: “I have been instructed by the Commission headquarters that INEC as an umpire have no reason to appeal any Judgement.
“Consequently, the National Commissioner in charge of Legal Services and National Commissioner in charge of Kano zone are directed that the Appeal be withdrawn and all processes for all Appeals should be forwarded to the Kano Office.”
Governor Yusuf is not leaving any stone unturned to retain his seat as he has already engaged the services of Senior Advocate of Nigeria (SAN), Chief Wole Olanipekun to reclaim his “victory.”
Olanipekun is handling Governor Yusuf’s Appeal with his entire Chamber.
Governor Yusuf has filed a 42-ground appeal before the Appeal Court sitting in Kano, requesting for the nullification of the Tribunal judgement.
In the Notice of Appeal on Friday, Olanipekun is leading Bode Olanipekun (SAN), Ibrahim G. Waru, and Akintola Makinde, with Wole Olanipekun & Co. as the Legal Firm, handling Governor Yusuf’s case at the Appellate Court.
Chief E.O.B. Offiong (APC) remains the Counsel for the APC.
