The Court of Appeal sitting in Abuja has judgement in the appeal filed by Governor Abba Kabir Yusuf challenging his removal by the Governorship Election Petitions Tribunal.
The tribunal, which delivered judgment via Zoom, had overturned Mr Yusuf’s victory, declaring the All Progressives Congress, APC, candidate, Nasiru Gawuna, as winner of the election.
Dissatisfied with the tribunal judgement, the governor approached the appellate court for respite.
But after hearing the appeal on Monday, the court reserved judgement in the case.
After hearing the submissions of the lead counsel of the parties, the judges warned parties against contacting them.
Mr Yusuf’s counsel, Wole Olanipekun, SAN, while adopting his brief of arguments, said the main issue in the matter was the voiding of ballot papers for not being stamped or signed, which he faulted.
He cited the provisions of Section 71 of the Electoral Act 2022 to back his arguments, arguing that the tribunal’s ground for voiding his client’s victory was not the correct position of the law.
The learned silk also argued that the APC governorship candidate in the election was not joined as a party in the petition.
Akin Olujimi, SAN, representing the APC, urged the court to uphold the judgement of the Tribunal, arguing that the non-stamping and signing of ballot papers was against INEC’s regulations.
On the non-joining of the APC governorship candidate in the petition at the Tribunal, Mr Olujimi said votes are cast for political parties and members who are to benefit from the outcome.
In his argument on the cross appeal, Mr Olanipekun said, it was a mere academic exercise as the Supreme Court had ruled that political parties decide who their candidates are.
In another appeal by the NNPP, Adegboyega Awomolo, SAN, argued that the Tribunal was wrong to delve into the issue of recounting of ballot papers in chambers.
This, he said, was done, culminating in the cancellation of more than 165, 000 votes from the governor’s total votes in 32 local government areas.
In the appeal filed by INEC’s counsel, Abubakar Mahmoud, SAN, he aligned with the submission of Mr Olanipekun that, the Tribunal erred for carrying out a recount of ballot papers in chambers.
He added this was not in an open court to arrive at the judgement, as Tribunals are restrained from doing so under Section 137 of the Electoral Act.
Mr Mahmoud noted that the primary function of the court was to give effect to the will of voters, not to recount or recalculate, stressing that doing so, amounted to rewriting election jurisprudence.
He therefore, urged the court to set aside the judgement.
The APC’s counsel, in his submission, prayed the court to uphold the judgement of the Tribunal, arguing that all the necessary processes were followed to warrant ordering the recount in accordance with the Evidence Act.
