Lagos, Nov. 18, 2023 – Mr Jide Ologun, a Lagos-based constitutional lawyer and public affairs analyst, says the sack of Gov. Abba Yusuf of Kano by the Appellate Court on Friday is in accordance with the constitution.
Ologun, while reacting to the Appellate Court’s ruling on Saturday said that the court decisions against the lone NNPP governor were based on existing laws and not sentiments.
“As a nation, our affairs are managed ranging from the constitution to guidelines and regulations.
“The appellate court, in a unanimous decision by a three-member panel of justices, held that Gov. Abba Yusuf of NNPP was not a valid candidate in the gubernatorial election that held in the state on March 18.
“This is by virtue of non-compliance with the provision of section 177(c) of the 1999 Constitution, as amended, as he was not validly sponsored by the NNPP,” the legal practitioner said
According to him, the constitution requirement stipulates that a person must be a member of a political party before he can be sponsored for an election.
He added that Section 77 of the Electoral Act 2022 also requires each political party to maintain a membership register in hard and soft copy and to make such register available to the Commission not later than 30 days before the date fixed for primaries, congresses and conventions.
“In litigation, he who alleges bears the burden of proof of the facts according to S. 131, Evidence Act, 2011.
“Whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts shall prove that those facts exist.
“The appellant obviously failed to credibly convince the court to uphold his victory at the polls,” Ologun said.
He said that the justices stated that a proof of evidence that was tendered before the court, established that the governor was not a member of the New Nigeria Peoples Party, NNPP, as at the time the election held.
“Sponsorship without membership is like putting something on nothing,” the court held in its lead judgement that was delivered by Justice M. U. Adumeh.
“This is upholding the earlier decision of the Election tribunal.
“As it stands, in the absence of further appeal, the APC Guber candidate Nasiru Gawuna, will have to replace Abba Yusuf as governor,” he said.
Ologun, however said that the appellant had the opportunity of proceeding to the Supreme Court, being the Apex Court in the Nigeria since 1963, when we became a Republic, and the decision at the Apex court becomes final.
In an epochal judgement on Friday, the Appeal Court sitting in Abuja upheld the decision of the Kano State Governorship Election Petitions Tribunal which sacked Yusuf earlier in September.
The appellate court declared Nasiru Gawuna of the APC winner of the March 18, 2023 Kano State governorship election.
