In a significant legal development, the Supreme Court has overturned the decisions of both the Court of Appeal and the Governorship Election Petitions Tribunal, thereby affirming the election of Abba Yusuf as the Governor of Kano State. Justice John Okoro, delivering the lead judgment, declared that the Court of Appeal erred in supporting the tribunal’s decision, which had initially nullified Yusuf’s governorship.
The apex court, in addressing the case, raised two crucial issues. Firstly, it questioned the correctness of the lower court’s deduction of 165,616 votes from the Independent National Electoral Commission’s (INEC) announced results for the governor. Secondly, it delved into the lower court’s jurisdiction to determine matters related to party membership.
Justice Okoro ruled against the tribunal’s decision to deduct 165,616 votes from Yusuf, emphasizing that the application of Section 71 of the Electoral Act, which the tribunal relied upon, was not applicable in this instance. The Supreme Court panel, consisting of five justices, proceeded to restore the deducted votes, thereby reinstating Yusuf’s victory in the governorship election.
Addressing the second issue, the Supreme Court criticized the Court of Appeal for concluding that Yusuf was not a member of the NNPP at the time of his election. Justice Okoro clarified that issues of nomination and sponsorship fall under pre-election matters, beyond the court’s jurisdiction. He noted that, unlike the appellate court, the tribunal did not declare Yusuf unqualified to contest the election but rather highlighted the absence of his name in the NNPP’s membership register submitted to INEC.
In a decisive move, the Supreme Court set aside the judgments of the lower courts, deeming them perverse, and reinstated Abba Yusuf’s electoral triumph, thereby concluding a legal saga that questioned the validity of his governorship.
