Yusuf Abba Kabir v. All Progressives Congress (APC) & Ors (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

JOHN INYANG OKORO, JSC (Delivering the leading judgment)

At the conclusion of the Governorship election in Kano State held on 18th March, 2023, the 2nd respondent herein (INEC) returned the appellant (sponsored by the 3rd respondent (NNPP) as the winner of the said election with 1,019,602 votes ahead of his closest rival, one Nasiru Yusuf Gawuna, who scored a total of 890,705 votes.

However, the 1st respondent herein (APC) whose candidate was the said Nasiru Yusuf Gawuna, filed a petition at the Governorship Election Petition Tribunal challenging the appellant’s victory at the polls.

The candidate of the 1st respondent did not challenge the outcome of the elections.

The petition was predicated on diverse criminal issues including forgery of appellants’ NNPP membership card and Form EC9, use of unlawful ballot papers and appellant’s alleged non-membership of NNPP.

The tribunal found that membership of a political party is outside its jurisdiction and that the issue of forgery on which the challenge of appellant’s membership was predicated failed.

Notwithstanding the said position, the tribunal went on to hold that the challenge to appellant’s membership of NNPP was proven and went to hold that he was not qualified to be sponsored.

The tribunal proceeded to invalidate 165,616 ballot papers on the basis that they were not signed, stamped, dated, and without the names of the Presiding Officers. Following from the above decision, the petition of the 1st respondent was upheld and its candidate declared winner of the said election.

Dissatisfied with the said decision, the appellant herein filed an appeal at the Court of Appeal which dismissed same. Appellant has further appealed to this court. Notice of appeal was filed on 29th November, 2023 containing 28 grounds out of which nine issues have been distilled for determination.

Appellant’s brief was filed on 12/12/2023 and signed by Chief Wole Olanipekun, SAN. The nine issues are as follows:-

i. Considering the provisions of sections 68, 83, and 84 of the Evidence Act, whether the lower court was correct in utilizing and ascribing probative value to the testimony of PW32 grounds 3 and 4.

ii. Was the lower court right when it affirmed the decision of the tribunal to deduct 165,616 votes from that of the appellant on account of allegation of unlawful ballot papers grounds 1, 2, 6, 7 and 8.

iii. Considering the evidence led, whether the lower court was correct in its resolution of issues relating to satisfaction of the provision of section 179(2)(b) of the Constitution of Federal Republic of Nigeria, 1999 (as amended) ground 22.

iv. Was the lower court correct in assuming jurisdiction on a complaint relating to appellant’s membership and sponsorship by his political party and also affirming the tribunal’s decision that appellant was not a member of his sponsoring political party grounds 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19.