The Independent National Electoral Commission (INEC) has instructed its Kano zonal office against appealing the judgment of the Kano State governorship election petition tribunal which sacked Governor Abba Kabir Yusuf of the New Nigeria Peoples Party (NNPP).
The electoral commission zonal office confirmed the withdrawal of its appeal in a short statement issued on Friday by its Head of Department, Legal, Suleiman Alkali.
The 33-ground appeal the commission prepared hence was withdrawn with the All Progressives Congress (APC), the sacked Governor Abba Kabir Yusuf and the NNPP as respondents.
Alkali in the statement on Friday said, “I have been instructed by the Commission headquarters that INEC as an umpire have no reason to appeal any judgment.
“Consequently, the National Commission in charge of Legal Services and National Commissioner in charge of Kano Zone directed that the appeal be withdrawn and all processes for all appeals should be forwarded to the Kano Office.”
The commission had in the notice of appeal stated that the appeal was due to that it was “dissatisfied with the judgment delivered by the Governorship Petition Election Tribunal sitting in Kano, Coram: Honourable Justice Oluyemi Akintan-Osabebay (Chairman); Hon. Justice L. Gandu (Member 1) and Hon. Justice Benson Anya (Member 2) on 20th day of September 2023, in petition No. EPT/KN/GOV/01/2023, between: the All Progressives Congress (APC) V. Independent National Electoral Commission (INEC) & 2 ORS.”
According to INEC, “The trial tribunal lacks the jurisdiction to make orders or grant reliefs in favour of a person who is not a party to the Petition,” adding that “The tribunal wrongly applied the provisions of Section 133 of the Electoral Act 2022 and the case of All Progressive Congress V Peoples Democratic Party 2019 LPELR- 49499 CA in arriving at the decision that Nasiru Yusuf Gawuna scored the majority of votes cast.”
The commission argued that Section 133 of the Electoral Act 2022 does not give the Tribunal the power to confer benefit on a candidate who did not challenge the outcome of an election in which he participated.
INEC had in the notice of appeal sought from the Court of Appeal, “AN ORDER allowing this Appeal and setting aside the Judgment of the trial Tribunal as well as the Orders made therein delivered in 20/09/2023, petition No. on EPT/KN/GOV/01/2023, between: All Progressives Congress (APC) V. Independent National Electoral Commission (INEC) & 2 ORS.
“ORDER dismissing petition No. EPT/KN/GOV/01/2023, between: All Progressives Congress (APC) V. Independent National Electoral Commission (INEC) & 2 ORS.
“AN order affirming the declaration and return of the 2nd Respondent as the duly elected Governor of Kano State.
“And for such Order or further Orders as this Honourable Court may deem fit to make in the circumstances of this case.”