Politics
Kano Guber Petition: Appeal Court Substitutes NNPP With APC
. . . Upholds Bala Mohammed’s election as Bauchi Governor
In a development widely seen in political circles as clipping the wings of the New Nigerian Peoples Party (NNPP), the Court of Appeal (CA), sitting in Abuja has ruled in favour of the ruling All Progressives Congress (APC) on the gubernatorial petition on Kano State.
Consequently, the CA, on Friday sacked NNPP’s Governor Abba Kabir Yusuf of Kano State.
By upholding the ruling of the Justice Oluyemi Akintan Osadebay led tribunal, which sacked Yusuf on September 20, 2023, the judiciary has almost put paid to the political fortunes of the NNPP, literarily.
Recall that the lower court had declared 165,663 votes of Yusuf, who contested under the NNPP, invalid on the grounds that they were not signed or stamped by the Independent National Electoral Commission (INEC).
That ruling had reduced Yusuf’s to 853,939 while those of his APC counterpart, Nasir Ganuwa, his APC remained at 890,705.
Yusuf in rejecting the verdict described it as “unfair” and “a miscarriage of justice”, and headed to the appeal court.
At the court, Wole Olanipekun, SAN, lead for Yusuf, asked that the judgement of the tribunal be set aside.
Kicking against the ruling on ballot papers, the senior lawyer said that was the first time in the history that a tribunal would annul an election over non-signing of the back of ballot papers.
According to him, the tribunal erred, he also argued that, that was the first time that a political party would file a matter without joining its candidate as a party in the petition and the candidate would be declared winner of the polls.
However, counsel for APC, Akin Olujimi, SAN, countered that the CA stated emphatically that the non-signing of ballots amounted to electoral malpractice.
In a related development, the CA, Abuja Division, on Friday, affirmed the victory of Governor Bala Mohammed of Bauchi State in the March 18 governorship election.
The appeal was filed by the APC’s governorship candidate, Sadique Abubakar, following the tribunal judgment upholding Mohammed’s victory.
The panel of three justices were unanimous, awarding no cost as the court ruled that each party to the matter should bear their costs.
The presiding justice read the judgment in the order of the appellant’s plea before the appeal court.
On plea number one, the appellant pleaded that the election be nullified because the forms and booklets used in the election were not properly filled. The court ruled that the appellant failed to prove this allegation with the needed evidence.
The court also ruled that the appellant failed to state the polling units involved in the said allegations and that he was unable to state what was missing in the forms. It further held that the appellant was unable to prove how the said improperly filled forms affected the results of the election.
The court held that the witnesses called by the appellant were unable to prove that they understood what the forms looked like, while commending the tribunal for doing a thorough job by scrutinising the evidence before it.
On the plea that there was massive non-compliance with the electoral laws, the court ruled that the appellant again could not prove this, as some of the witnesses who testified did not vote on election day and those who voted only spoke based on what they saw in their polling units alone.
On the issue of the alleged unprofessional conduct of INEC officials, the court held the same views as the tribunal, saying it was never part of the plea by the appellant at the lower court and that it was not pleaded and could not be argued.
The plea was ruled in favour of the first respondent, Mohammed.
On the plea about fraudulent cancellations, mutilations and alterations to favour the PDP candidate, the appeal court noted that, if proven, falsification of results is a criminal matter that could lead to the cancellation of election results.
However, according to the court, the appellant had the burden to prove this and had to bring the genuine one, if he argued the one tendered by INEC was falsified.
The court noted that the appellant, unfortunately, could not prove this. The court also said the least the appellant could have done was present a genuine result along with the said falsified one.
Osun State Governor, Senator Ademola Adeleke has warned against attempts to destabilize the peace and security of Igbajo by some group of people led by Prince Gboyega Famodun through conflicting Oroke festival days.
He directed security agencies to deal decisively with any trouble maker.
According to a government statement, issued in Osogbo, reports at the disposal of the government indicated an attempt by a faction belonging to Famodun to create conflict at Igbajo by fixing a different festival date from the one officially announced by the legal and officially crowned king of Igbajo, Oba Ademola Makinde.
An effort, it noted was designed to create violence and crisis in the peaceful town of Igbajo.
As a government, the statement added, we reiterate that the Monarch of Igbajo today is Oba Ademola Makinde and the May 23rd already fixed for the Oroke Day Festival remains the sacrosanct date for the popular cultural and traditionally significant event.
“We note further that the Head of Igbajo traditional institution remains the present Owa of Igbajo, Oba Ademola Makinde and he is therefore empowered and entitled to fix the day for the Oroke festival. Actions of the Famodun faction is therefore against tradition and law and is therefore a nullity.
“In a bid to forestall breakdown of law and order and in line with my responsibility as the Chief Security Officer of Osun state, I direct security agencies to enforce the holding of the Oroke festival on the official date of May 23rd and to ensure no gathering is held on May 19th set by any other faction.
“The above directive and actions are taken to maintain peace and protect the ancient town from those hell-bent on manipulating the traditional institution to destabilize the state”, the Governor was quoted as saying,” he cautioned.
Adamawa State High Court’s Justice Benjamin Manji Lawan has issue an arrest warrant for suspended INEC Resident Electoral Commissioner Barrister Hudu Yunusa Ari.
The court instructed the Inspector General of Police to promptly apprehend Barrister Ari and present him in court to face trial on three charges.
This directive followed an application filed by the Adamawa State Government on April 16, 2024.
During the proceedings, Chief L. D. Nzadon, representing the complainant, informed the court that they were seeking an arrest warrant against the defendant.
Referring to Section 20, Subsection (1j) of the Administration of Criminal Justice Law (ACJL) 2018, Chief Nzadon urged the court to utilize its authority and instruct the Inspector General of Police to apprehend the defendant, regardless of his location.
He explained that attempts to serve the defendant were unsuccessful, as the court’s bailiff had been in Bauchi State from May 2nd to May 4th, 2024, but couldn’t locate him.
In his ruling on the application, the judge noted that this was the third instance the case had been mentioned without the defendant present in court.
He acknowledged the complainant’s counsels’ explanation regarding their inability to serve Ari, suggesting that it seemed he was deliberately avoiding
The executives of the All Progressives Congress (APC) in Igbotako Ward II, Okitipupa local government area of Ondo State, have officially suspended Senator Jimoh Ibrahim, who represents Ondo South, citing alleged anti-party activities and insubordination.
The suspension notice was jointly signed by several ward executive members, including Omotoye Olusola, Bakere Usuf, Tore Obwoselu, Oloyinmi Idowu, Borewaye Louyomi, Oladipupo Bose, Alkimbobola Seyi, Lawal-Babatunde, Aritawe-Ademole, Akinkuoju Olarewaju, and Fabioye Ajoke.
Ibrahim’s suspension follows the recent APC governorship primary election in the state, where he faced defeat. Citing Article 21, Section A of the APC Constitution, the party executives justified their decision to suspend Senator Ibrahim.
The 16-member Executive Committee made this decision during a meeting held on Monday, May 13, 2024.
Additionally, the party recalled a prior meeting in Abuja, convened by the APC National Chairman, Alhaji Abdullahi Umar Ganduje, where all governorship aspirants were urged to cooperate with the party’s candidate and incumbent governor of the state, Hon. Lucky Aiyedatiwa.
Despite the suspension, Senator Jimoh Ibrahim proceeded to file a lawsuit against the governor and the APC, disregarding the party’s directives.
The letter, made public in Akure, the state capital, on Wednesday, states: “We, the members of the APC Executive Committee of Igbotako Ward II in Okitipupa Local Government Area of Ondo State, convened a meeting on Monday, May 13th, 2024.”
“During our meeting, we deliberated extensively on various issues affecting the progress and development of our party, notably indiscipline and insubordination among some members.
“We have found Senator Jimoh Ibrahim’s actions and activities to violate the party’s constitution, particularly his decision to sue the party as well as his anti-party activities.
“As such, we have resolved to take appropriate disciplinary action against him as outlined in the party’s constitution. Senator Jimoh Folorunso Ibrahim is hereby suspended from the All Progressives Congress (APC) with immediate effect for acts of insubordination and anti-party activities By Article 21, Section A of the APC Constitution.
“It is worth recalling that the National Party Chairman of APC, Alhaji Abdullahi Umar Ganduje, met with all Ondo State governorship aspirants on April 25th, 2024, in Abuja
“During the meeting, he urged them to cooperate with the party’s candidate and incumbent Governor of Ondo State, Honorable Lucky Orimisan Aiyedatiwa. Despite this, Senator Jimoh Ibrahim Folorunso proceeded to sue the Governor and APC, blatantly disregarding party instructions.
“Additionally, he has engaged in anti-party activities by urging his supporters in Igbotako and Ondo State to join NNPP, claiming he will soon receive the gubernatorial ticket from them.
“Senator Jimoh has openly declared his intent to disrupt APC before leaving the party, as evidenced by his actions in the Federal High Court in Abuja and his derogatory remarks about APC in various media outlets.
“For emphasis, Senator Jimoh Ibrahim Folorunso has been suspended from the All Progressives Congress (APC) with immediate effect, and he is hereby prohibited from participating in any APC activities nationwide.” the letter added
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