The All Progressives Congress, APC, has filed a two-ground cross-appeal at the Supreme Court to challenge the judgement of the Court of Appeal for refusal to disqualify the governor of Kano Abba Yusuf from contesting election over alleged certificate forgery.
DAILY NIGERIAN reports that on November 17, the appellate court upheld the decision of the Kano State Governorship Election Petition Tribunal, declaring the candidate of the All Progressives Congress, APC, Nasiru Gawuna, as the winner of the March 18 governorship election in the state, but the court partly reversed its decision in the certified true copy of the judgement released four days after.
But in the notice of appeal filed by the APC lawyer, Akin Olujinmi, dated November 29, the party listed two grounds in its cross-appeal.
“The Lower Court erred in law when their lordships at page 11 of the judgement held thus:
“Now whether or not the 2nd Cross Respondent’s Form EC9 exhibit qualifies as certificate under Section 182[1] [j] of the Constitution of the Federal Republic of Nigeria, 1999 [as amended] is not of any utilitarian benefit or value to the cross appellant.”
Citing the particulars of the errors in the judgement, he said, “Contrary to the holding of the lower court, a decision on it goes to the issue on non-qualification of the 2nd cross-respondent to contest the election in dispute in this appeal.
“The issue is of utilitarian value to the cross-appellant, as the final appeal on the matter lies to the Supreme Court.
“The fact that the lower court upheld one leg of the issues of non-qualification raised against the 2nd Cross-Respondent does not render unnecessary a pronouncement by the Court of Appeal, being an intermediate court, on the second leg”
Mr Olujimi added that the “learned Justices of the lower Court erred in law when they held at page 11 of their judgment that Form EC9 does not qualify as a certificate under Section 182[1][j] of the 1999 Constitution (as amended) which according to the Court clearly refers to official documents attached to the form and presented by a candidate to INEC.
The party therefore sought an order of the apex court to allow the cross-appeal.
“An order of this honourable court setting aside the parts of the decision of the lower court complained about.
“An order of this honourable court adjudging ExhibitP1 [the 2nd Cross-Appellant’s Form EC-9 submitted to INEC] a forged/false certificate within the meaning and contemplation of Section 182[1][j] of the 1999 Constitution
“Such further order[s] as the Honourable Court may deem fit.”
The suit has the Independent National Electoral Commission, INEC, Abba Kabir Yusuf and the New Nigeria People’s Party, NNPP, as the first, second, and third cross-respondents respectively.
