Kano State Governorship Election Petition Tribunal on Wednesday upturned the victory of New Nigeria People’s Party, NNPP, governor, Abba Yusuf.
The tribunal declared the All Progressive Congress, APC, candidate, Nasiru Yusuf-Gawuna as the winner of the March 18, governorship election in the state.
The tribunal panel led by Justice Oluyemi Akintan-Osadebay, which delivered its judgment via virtual zoom, sacked Governor Yusuf on the ground that he was not a party member of the NNPP and so, cannot contest for election.
INEC had declared Yusuf winner after polling 1,019,602 against APC’s candidate, Gawuna, who got 890,705 votes.
But, the tribunal after deducting 165,663 votes from the NNPP, which it described as invalid, said the margin of votes between the NNPP and APC was not enough to declare Yusuf winner.
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The tribunal ordered the Independent National Electoral Commission, INEC, withdraw the certificate issued to Yusuf and re-issue Gawuna.
However, Yusuf through his lawyers has said he would appeal the tribunal judgment.
Yusuf to stay in office until appeal is concluded
Meanwhile, Yusuf of NNPP will still remain the Governor of Kano State Pending determination of appeal Court if filed.
Section 138 (1) of Electoral Act 2022 stated that, where the election is nullified by the Court and notice of appeal against the decision is given within the stipulated period for appeal, the elected candidate shall, notwithstanding the contrary decision of the court, remain in office and enjoy all the benefits that accrued to the office pending the determination of the appeal and shall not be sanctioned for the benefits derived while in office..
While Subsection 2 of same section stated that, If the Election Tribunal or the court, as the case maybe, determines that a candidate returned as elected was not validly elected, the candidate returned as elected shall, notwithstanding the contrary decision of the Election Tribunal or the Court, remain in office pending the expiration of the period of 21 days within which an appeal may be brought.
