By Comrade Al-Amin Albarra
I wish to observe with convincing argument the identified flaws of Kano Election Petition Tribunal Judgment over the March 18, 2023 Kano State Gubernatorial Election as follows:
1. The judgment has contradicted Section 179 Sub-Section 2 of the 1999 Constitution of the Federal Republic of Nigeria as it relates to gubernatorial election on three grounds, namely:
a) A winner must win two third (2/3) of total Local Government Areas of the state;
b) Must secure atleast 25% of the total votes cast in each Local Government of the state.
c) Must win the highest votes/simple majority.
2. Section 26 of INEC Guidelines said in the event where cancelled votes multiples or supersedes the margin votes, the election stands as Inconclusive.
Now the cancelled votes are 231,843, while the margin votes are 36,766. From this background, therefore, the tribunal ignored the official results ear-liar on released by INEC and initiated an entirely new result in favour of APC candidate.
This forum wish to stated that this judgment of the tribunal of Wednesday 20th Sept 2023 shall be regarded as null and void, because it contradicts section 179 sub section 2 of 1999 Constitution of the Federal Republic of Nigeria and section 26 of INEC Guideline.
3. Furthermore, section 63 sub section 2 of 2022 Electoral Act says If in the opinion of Returning Officer in arrangement of party agents unanimously identify ballot paper not signed, and stamped was used for the election shall be considered as valid votes.
4. The APC has no jurisdiction to petition the non-membership of the NNPP candidate of his mother party as is stated in Section 285 (9) of the 1999 Nigerian Constitution.
5. Section 157 of the 199 Constitution maintained that it is only when you participated in the Primary Election of the party that you have the right to petition the Winner of the primaries.
Remember the deduction of questionable votes of 165,663 by Tribunal from the official result declared by INEC in favour of NNPP, was wrong.
It is the responsibility of INEC to invalidate or make deduction from the lawful votes cast not Tribunal.
However, these analysis revealed a concurred, factual and constitutional evidences and I strongly believed that the Judgment delivered by Kano Governorship Election Petition Tribunal presided over by Justice Oluyemi Akintan Osadebay on 20th September, 2023 is no longer valid, it can’t stay and will set aside by either Appeal Court or Supreme Court by the grace of God.
Read Also: Kano Tribunal Judgement will be dead as ‘dodo’ at Appeal Court – Kperoogi
Finally, we use this opportunity to call the attention of Independent National Electoral Commission INEC as its capacity of 1st Respondent challenge the judgment delivered in favour o APC since before deadline because the Tribunal was erred in law.
Comrade Al-Amin Albarra is Executive Director Political Analysts Forum, Democracy Protectors and Good Governance.