A’Court affirms tribunal judgment sacking Kano gov

PUNCH

The Court of Appeal sitting in Abuja has affirmed the tribunal judgment which declared the All Progressive Congress candidate, Nasiru Gawuna winner of the governorship election.

The Tribunal led by Justice Oluyemi Osadebay had nullified the election of Governor Abba Yusuf by declaring 165, 663 of his votes were invalid.

The tribunal held that the ballot papers were not signed nor stamped by the Independent National Electoral Commission.

Displeased by the tribunal verdict, Yusuf appealed against the judgment.

Delivering judgment on the matter on Friday, the appeal court held that Yusuf was not qualified to contest the election.

The three-member panel led by Justice M.A Adumeh held that Yusuf was not in the membership register of his political party.

Citing a provision of the electoral act, he said a party must have the names of its registered members both in hard and soft copies.

He also said that Yusuf did not put up any resistance against the allegation.

“If you claim you are a member of a party is not logical to say so yourself rather than by proxy ?” the judge asked.

He said Section 134 of the electoral act allowed the court to entertain an averment on the qualification of a candidate in an election.

Justice Adumeh held that the court cannot allow political party acts arbitrary.

He said, “Constitution is supreme and binding on all person including political parties.

“Political parties cannot be permitted to circumvent the clear and mandatory provision of the constitution.  To contest an election you must not only be a member of a party but sponsored by that party.

“The electoral act made it mandatory that a party must keep a register of its members and make it available to INEC before an election.