The Supreme Court has overturned the Court of Appeal and the Governorship Election Petitions Tribunal rulings, restoring Abba Yusuf as the duly elected Governor of Kano State. The apex court held that the lower courts erred in their decisions, initially nullifying Yusuf’s victory in the March 18, 2023, governorship election.
Justice John Okoro, who delivered the lead judgment, criticized the Court of Appeal for affirming the tribunal’s decision that Abba Yusuf did not secure the majority of lawful votes. The Supreme Court raised two crucial issues in its determination of the case.
The first issue addressed whether the deduction of 165,616 votes from Yusuf’s tally, as done by the lower courts, was justified. Justice Okoro declared that the tribunal’s decision to deduct the votes based on unsigned and unstamped ballot papers was erroneous. He pointed out that Section 71 of the Electoral Act, cited by the tribunal, did not apply to the situation. Consequently, the Supreme Court reinstated the deducted 165,616 votes, affirming Abba Yusuf’s victory.
The second issue revolved around the Court of Appeal’s assertion that Yusuf was not a member of the NNPP (Nigeria’s National Party for Progress) at the time of the election. Justice Okoro criticized this decision, emphasizing that matters of nomination and sponsorship fall under pre-election considerations and are beyond the court’s jurisdiction. He clarified that the tribunal did not disqualify Yusuf from contesting the poll but merely highlighted his absence from the NNPP’s membership register submitted to INEC (Independent National Electoral Commission).
In light of these observations, the Supreme Court set aside the judgments of the lower courts, citing them as perverse, and reinstated Abba Yusuf as the rightful winner of the governorship election. This decision marks a significant legal victory for Yusuf, who had faced challenges to his election from both the Court of Appeal and the Election Petitions Tribunal.