The New Nigerian People’s Party, NNPP, has filed a 10-ground appeal at the Supreme Court, seeking the nullification of Court of Appeal judgement that sacked Governor Abba Yusuf as Kano State governor.
The party prays the apex court to set aside the entire contents of the court of appeal judgement, except where it set aside the judgement of Kano Governorship Election Petition Tribunal.
The appellate court had on Friday upheld the decision of Kano State Governorship Election Petition Tribunal declaring the candidate of the All Progressives Congress, APC, Nasiru Gawuna as winner of the March 18 governorship election in the state.
But in contradiction of its pronouncement, the certified true copy of the judgement delivered by the panel chairman, Justice Moore Adumein, indicated that the court dismissed the tribunal judgement and also awarded N1million cost against the APC.
But in the notice of appeal with suit NO. SC/CV/ filed by the NNPP’s counsel led by Adegboyega S. Awomolo on Wednesday, the NNPP listed 10 grounds of appeal.
The party said the lower court committed grave error and miscarriage of justice in declaring Mr Gawuna as the winner of the election.
The NNPP, therefore, asked the court to dismiss the entire judgement, “save and except the final conclusion and orders at page 67 of the duly certified true copy thereof, including an order as to cost favourable to the appellant”.
The suit had Abba Yusuf, the All Progressive Congress, and the Independent National Electoral Commission, INEC as the first, second, and third respondents.
“TAKE NOTICE that the APPELLANT, being dissatisfied with the judgement of the Court of Appeal sitting at Abuja on appeal from the decision of the Kano State Governorship Petition Tribunal and Coram Hon. Justices Moore Aseimo Abraham Adumein, Bitrus Gyarazama Sanga, and Lateef Adebayo Ganiyu JJCA in Appeal No. delivered on 17th day of November, 2023, between Yusuf Abba Kabir and All Progressives Congress (APC), the Independent National Electoral Commission (INEC), and the New Nigeria People Party (NNPP), do hereby appeal to the Supreme Court on the grounds set out in paragraphs 3 below and will at the hearing of the appeal, seek the relief(s) set out in paragraph 4,” the notice partly reads.
“The learned Justices of the Court of Appeal erred in law and occasioned a grave miscarriage of justice to the prejudice of the appellant, when having concurrently held as did the trial tribunal, at page 2 of their judgement that, “the appellant contested the aforementioned governorship election on the platform of the New Nigeria People’s Party (NNPP) and was declared the winner by the 2nd respondent with a total of 1,019,602; while the 1st respondent, which sponsored one NASIRU YUSUF GAWUNA, was said to have scored a total of 890,705 votes”.
The NNPP, therefore, prayed for “An order allowing the appeal and setting aside the judgement of the Court of Appeal delivered on 17th November, 2023.
“AN ORDER upholding the portion of the judgement of the court of appeal setting aside the judgement of the trial tribunal in Petition No. EPT/RV/GOV/11/2023 and making an order as to costs in favour of the appellant.
“SUCH FURTHER ORDER [S] as this Honourable Court may deem appropriate in the appeal,” the suit noted.
The appeal was filed by the counsels to the NNPP, Adegboyega S. Awomolo, SAN, R.A. Lawal Rabana, SAN, John Olusola Baiyeshea, SAN, A.J. Owonikoko, SAN Kehinde Ogunwumiju, SAN, Victoria O. Awomolo, SAN, Eyitayo Fatogun, SAN, B.J Akomolafe, SAN, and Kelvin Ugiagbe, Esq.
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