Appeal Court Dismisses Governor Yusuf Appeal to Nullify Tribunal’s Ruling
The Court of Appeal, Abuja Division, has dismissed an interlocutory appeal by the governor of Kano state, Abba Kabir Yusuf, seeking to nullify the ruling of the Kano governorship tribunal.
The presiding judge of the tribunal, Oluyemi Akintan Osadebay, on July 13, granted the All Progressives Congress (APC) leave to call a subpoenaed witness, Aminu Idris Harbau.
But in an appeal with reference number CA/KN/EP/GOV/KAN/05/2023, Yusuf argued that the judges of the Election Petition Tribunal erred in law when they granted the application of APC and sought its nullification.
The Court of Appeal, in its ruling on Thursday, August 24, affirmed the tribunal’s order, maintaining that it is allowed in Election Petitions to call subpoenaed witnesses and testify on issues related to the petition.
The Court described Yusuf’s appeal as “frivolous, vexatious and deserve penalty of dismissal.”
The Kano election tribunal on Monday, August 21, reserved ruling on a petition filed by the All APC against the victory of Yusuf.
APC, through its lead lawyer, Offiong Offiong, is contesting the victory of Yusuf as the winner of the governorship election held on March 18.
Additionally, the APC claims that Yusuf’s name should have been added to the New Nigeria People’s Party (NNPP) membership registry thirty days before the election.
They requested that the tribunal uphold the APC petition and provide all requested reliefs.
According to the lead counsel for Yusuf, Adegboyega Awomolo, Yusuf is a legitimate member of the NNPP.
He added that it is not the APC’s business to decide whether someone is a NNPP member.
Awomolo requested that the tribunal dismiss the APC case since it was seen without merit.
After hearing from all the addresses, the three-judge panel, presided over by Osadebay, reserved a day for a ruling.
The judge added that all parties would be notified when the judgement would be ready.
