The New Nigeria People’s Party (NNPP) has asked the Supreme Court to set aside the judgement of the Court of Appeal sitting in Abuja, which nullified the election of Governor Yusuf Abba Kabir if the Peoples Democratic Party, and subsequently declared Alhaji Nasiru Yusuf Gawuna of the All Progressives Congress as winner of the March 18, governorship election in Kano state.
By the notice of appeal filed on November 22, the NNPP is praying the apex court to make an order allowing the appeal and setting aside the judgment of the Court of Appeal delivered on 17th November, 2023, which sacked Governor Kabir from office.
More so, the appellant wants an order upholding the portion of the judgment of the court below setting aside the judgment of the trial Tribunal in Petition No: EPT/RV/GOV/11/2023 and making order as to costs in favour of the appellant.
The 10-ground notice of appeal filed by Asiwaju Solomon Awomolo SAN, has NNPP as the appellant, while Governor Yusuf Abba Kabir, the All Progressives Congress and the Independent National Electoral Commission are 1st, 2nd and 3rd Respondents respectively.
The NNPP told the Supreme Court that the 3-man panel of Justices of the Court of Appeal namely, Moore Adumein, Bitrus Sanga and Lateef Ganiyu 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, that “The Appellant contested the said aforementioned governorship election on the platform of the New Nigeria Peoples Party and was declared the winner by the 2nd respondent with a total af 1,019,602, while the 1st respondent, which sponsored one Nasiru Yusuf Gawuna, was said to have scored a total of 890,705 votes, their lordships proceeded to hold that the person whose election has been challenged (Kabir), was not qualified to contest because he was not a member of a political party.
The Appellant submitted that the conclusion of the Appellate Court was not consistent with the words of Section 177 (1) (c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
In addition, the conclusion of the panel, the NNPP said, was at variance with the facts pleaded in the petition and that the Court of Appeal as well as parties are bound by the facts in the petition.
It was the contention of the Appellant that the Tribunal found as a fact that the 1st Respondent (APC) as petitioner, had no locus standi and cause of action for its petition on the membership and sponsorship of Abba Yusuf Kabir.
“The decision is perverse having regards to the evidence on record which the Court refused, failed and neglected to avert to or consider” the Appellant told the apex court.
