Subheading: Justice Adumeh Rules Governor Abba Yusuf Not Qualified, Affirms Nullification of Votes
The Court of Appeal in Abuja has upheld the tribunal judgment declaring the All Progressive Congress (APC) candidate, Nasiru Gawuna, as the winner of the Kano governorship election. The tribunal, led by Justice Oluyemi Osadebay, had nullified the election of Governor Abba Yusuf, citing 165,663 invalid votes due to unsigned and unstamped ballot papers by the Independent National Electoral Commission.
Governor Yusuf appealed the tribunal’s decision, but the three-member panel, led by Justice M.A Adumeh, delivered a judgment on Friday, affirming that Yusuf was not qualified to contest the election. Justice Adumeh stated that Yusuf was not in the membership register of his political party, emphasizing the requirement for parties to maintain a register of members, both in hard and soft copies, according to the electoral act.
The judge highlighted that Section 134 of the electoral act empowers the court to consider the qualification of a candidate, and in this case, Yusuf did not resist the allegation against him. He emphasized the supremacy of the constitution and the mandatory provisions governing party membership and sponsorship.
Justice Adumeh criticized the tribunal for not disqualifying Yusuf, noting that failure to comply with Section 177(c) is fatal to the election. He declared, “A person must. Where a party carelessly nominates a candidate such is a nullity irrespective of whether he performs well. Sponsorship without membership is like putting nothing on something; it cannot stand.”
The ruling concluded with an award of N1 million in favor of the first respondent (Nasiru Gawuna) against the appellant (Governor Abba Yusuf).