Kano: Between Abba Kabir And Nasiru Gawuna
By: Nurudeen Dauda
Permit me to add my voice on the issue of 2023 Kano state Governorship elections. INEC declared Engr. Abba Kabir Yusuf (AKY) of NNPP as the winner of the election with 1,019, 602 votes while Dr Nasiru Yusuf Gawuna of APC as the runner’s up with 890,705 votes.
The APC filled a “petition” against AKY with the allegations that: (1) AKY is not qualify to contest the election by 1999 constitution, (2) he did not win the majority loveful votes cast, and (3) the election ought to have been declared inclusive.
Of all the issues “raised” the most “critical” issue now before the court is the first issue as argued below :
(1) The NNPP lawyers argued that the APC has no “locus standi” to challenge AKY nomination. Citing several previous curts verdicts that dismissed cases of challenging “nomination” of a candidate by another member of a political party for lack of “locus standi” and court’s “jurisdiction”.
(2) The APC’s lawyers argued that they are not challenging AKY’s “nomination” by his party, but they are challenging his constitutional “qualification” under section 177 of the 1999 constitution.
(3) APC’s lawyers are citing several previous curts verdicts which held that you could challenge candidate’s “qualification” from another party.
(4) APC’s lawyers further argued that Governor- Elect of Bayelsa state, Mr David Lyon of APC lost to be sworn in as a Governor over the issue of “qualification” of his running mate in 2020 by another party.
(5) The APC argued that the NNPP submitted the “lists” of its registered members for the Governorship primary elections 30 days before their May, 2022 primary elections as required by section 77 of the Electoral Act, but AKY’s name was not in the register.
(6) The APC sought and obtained a Certified True Copy of the said register submitted by the NNPP from INEC where they found no AKY’s name in the register.
(7) The 2023 Governorship elections was held on the 18th of March ,2023. The APC filled a petition against AKY and the NNPP after his declaration by INEC.
(8) The NNPP on its part submitted an updated membership register which contained AKY’s name in April, 2023 after APC’s petition against them.
(9) The APC argued that the update came a year after their primary elections was held as against the 30 days requirement of section 77 of the Electoral Act 2022.
(10) The APC argued before the court that In the updated membership register submitted by NNPP the serial number on AKY’s “form” and the “wards” where he registered with NNPP differ on the two different membership registration lists submitted by his party.
However, the argument now is on: (1) Section 177 of the 1999 Constitution of Nigeria which says: A person shall be qualified for election to the office of Governor of a State if: (a) he is a citizen of Nigeria by birth;(b) he has attained the age of thirty-five years;(c) he is a member of a political party and is sponsored by that political party; and (d) he has been educated up to at least School Certificate level or its equivalent and
(2) Section 77 (1) (2) & (3) of the Electoral Act 2022 as amended says: a political party “shall” maintain a register and shall make such register available to INEC not later than 30days before the date fixed for the party primaries elections.
The above issues will be determined by the supreme court as empowered by the law. However, regardless of whatever the politicians will tell us hypocritically that the judiciary should be the ones to determine our elections.
Our laws and or democracy recognize the “judiciary” is “part” and “parcel” of the electoral process, but of course it must be “fair” and “just” in its interpretation of our laws. Some politicians are very dangerous as such we should not let any “politician” or “politicians” to “confuse” us to shade our blood because they lose in court.
Let the judges be on the side of the law.
May God bless Nigeria!
Nurudeen writes from Kaduna
