The Court of Appeal, Abuja Division, has dismissed Governor Abba Kabir Yusuf’s Interlocutory appeal seeking to set aside the ruling of the of Kano governorship tribunal led by Justice Oluyemi Akintan Osadebay which was delivered on 13th, July 2023.
Delivering its judgement on Thursday, the Cout described the Abba Yusuf’s Appeal against All Progressives Congress and two others as “frivolous, vexatious and deserve penalty of dismissal”
The Appellant, Abba Yusuf in an appeal with reference number: CA/KN/EP/GOV/KAN/05/2023 argued that the learned judges of the Kano Governorship Election Petition Tribunal erred in law when they granted the application of APC leave to call a subpoenaed witness, Dr. Aminu Idris Harbau.
But in its judgement, the Court of Appeal affirmed the ruling of Kano Governorship Election Petition Tribunal led by Justice Oluyemi, maintaining that its allow in Election Petition to call subpoenaed witness and testify on issues related to the petition.
It will be recalled that on 21st August, 2023, all lawyers adopted their respective final written addresses.
APC through its lead counsel Offiong Offiong SAN is challenging the declaration of Abba Kabir Yusuf as the winner of the election that was conducted on 18th March, 2023.
The petitioner is also alleging that Abba Kabir Yusuf’s name was not in the membership register of NNPP 30 days before election.
He urged the tribunal to uphold APC petition and grant all the reliefs sought.
On its side, led counsel to the Abba Kabir, Adegboyega Awomolo and Counsel to all other respondents said Abba Kabir Yusuf is rightful member of NNPP, stressing that it is not bussiness of the APC to determine who is a member of NNPP or not.
Awomolo SAN urged the tribunal to dismiss APC petition, for what described as lack in merit.
The three judge panel, led by Justice Oluyemi Akintan Osadebay after hearing of all the addresses, reserved a day judgement.
She also said parties involved in the petition, will be informed the date when the judgement is ready.
