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The Enchantment Court docket sitting in Abuja has reserved judgment within the Governorship enchantment between Governor Abba Kabiru Yusuf of the New Nigeria Peoples Social gathering (NNPP) and Nasiru Yusuf Gawuna of the All Progressives Congress (APC).
Governor Yusuf is difficult the judgment of Kano Governorship Election Petition Tribunal which declared the candidate of APC, Gawuna, winner of the election of the March 18th Governorship ballot within the state.
The decrease courtroom led by Justice Oluyemi Akintan Osadebay had invalidated the victory of Governor Yusuf primarily based on deduction of 165,616 unlawful ballots casted in favor of NNPP candidate. The Tribunal had contended with the submission of APC to nullify Yusuf’s election on the idea that the ballots weren’t signed, dated and or, stamped by INEC.
Subsequently, the tribunal deducted the invalid 165,616 votes from the 1,019,602 whole votes solid earlier declared in favor of Yusuf to reach at 853,939, a determine lesser to 890,705 votes of Gawuna.
On the opening of listening to on Monday, lead Counsel to the appellant Wole Olanipekun SAN, urged the courtroom to put aside the choice of the tribunal in its entirety, for missing in benefit.
Olanipekun argued that the Tribunal has created new precedents which depart from all of the judgments made by the appellate or Supreme Court docket notably on the problems of invalid ballots and qualification of celebration candidate.
The Senior Advocate argued on behalf of the appellant (Gov. Yusuf) to contend that it’s the first time within the historical past of the electoral trial the place courtroom upturn an election on the idea of non-signing of the again of poll papers.
He additional submitted that the courtroom erred in legislation to just accept a political celebration’s petition in a matter with out being joined by its candidate and went so far as declaring the candidate winner of the polls.
Akin Olujimi SAN, counsel for APC, in his reply on the difficulty of legitimate poll, stated the choices of the Enchantment Courts proper from 2009 have emphatically settled all points round non signing of ballots quantities to electoral malpractice.
He argued that INEC regulation have set out what presiding officers are to do on the level of voting, including that the again of poll papers should be signed and dated.
He stated the place there’s a failure of presiding officers to do the needful, it quantities to non-compliance to the Electoral Act.
On the APC candidate who was not joined as a celebration on the Tribunal, Olujimi stated it’s settled legislation that votes are solid for the celebration in an election and that any determination affecting a political celebration embraces all its members.
Within the APC’s cross-appeal, Olujimi additionally urged the courtroom to carry that the Kano State governor was not a member of the NNPP as of the time he was sponsored by the celebration.
The courtroom has reserved judgement within the enchantment to a date to be communicated to the events.
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