Abba Kabir Yusuf, (2nd Respondent) has filed an interlocutory appeal before Court of Appeal, Kano Judicial Division, challenging the ruling of Kano State Governorship Election Petition Tribunal delivered on 13th July, 2023 in a petition between All Progressives Congress, (APC) against Independent National Electoral Commission, INEC and 2 others.
In an appeal with reference number: CA/KN/EP/GOV/KAN/05/2023, the Appellant, (Abba Kabir Yusuf) is praying an order, allowing the appeal and set aside the ruling of the Tribunal led by Justice Oluyemi Akintan-Osadebay delivered on 13th July, 2023.
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In a six grounds of appeal, formulated by counsel to the Appellant, Chief Adegboyega Awomolo SAN argued that the learned judges of the Kano Governorship Election Petition Tribunal erred in law when they granted the application of the 1st Respondent, (APC) leave to call a subpoenaed witness, Dr. Aminu Idris Harbau against the clear provision of paragraph 4(5) of the first scheduled of the Electoral Act, 2022
Abba Kabir Yusuf further alleged that the Judges of the Tribunal erred in law when the refused, failed and neglected to consider as required by law Appellant’s submission on the interpretation of provision of the Electoral Act, 2022 in arriving at the decision, thereby denied Abba Kabir’s right of fair hearing.
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According to the ground, three of the Appellant, the Tribunal erred in law by granting the application of APC, to written deposition on oath of Dr Harbau, when, Petitioner/Respondent didn’t disclose any substantial or extreme circumstances in the application for alleged failing to the said deposion with the petition.
Abba Kabir Yusuf also alleged that the Tribunal led by Justice Oluyemi Akintan Osadebay erred in law for granting the application of APC, when there was no prayer for extension of time for the Tribunal to exercise its power in granting the application.
The Appellant similarly argued that the Tribunal erred in law when they refused to consider the provision of paragraph 17 of the First Schedule of the Electoral Act, 2023 with respect to other directions, which ought to be pray for within 10 days, after the entering of appearances, but not later than 10 days, after the filing of the reply.
The Appellant further argued that the Judges of the Governorship Elecion Tribunal erred in law to have issued a summon to the Subpoenaed witness, pursuant to the letter of the 1st Respondent (APC) dated the 11th July, 2023 arguing that the subpoena sent to Dr. Harbau neither known to the three classifications of subpoenae known to law.
Justice Watch News gathered that the date for mention of the appeal at kano Judicial Division is not yet fixed.
Justice Watch News recalls that after the testimony of the PW32 Dr. Aminu Harbau, before Kano Governorship Election Petition Tribunal a counsel to the Respondents, Bashir Yusuf Tudun Wuzirci in an interview with Journalists expressed his satisfaction with the performances of APC’s witnesses, he said all the APC witnesses including Dr. Aminu Harbu paved way for their Victory.
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He described the APC’s petition as dead on arrival, academic exercise and waste of time.
While on other side, counsel to APC, Barrister Abdul Adamu Fagge cautioned Respondent Counsel against describing their petition as waste of time, argued that witness evaluation is the role of court not a lawyer.
In total to prove its allegations, APC Called 32 witnesses, which include, 30 party agents during the poll, 1 Star Witness, Rabiu Suleiman Bichi and Subpoenaed witness, Dr Aminu Idris Harbau, an Economics, Analyst and Senior lecturer in Sa,adatu Rimi College, Kano.
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On their Parts, the three defendants, Namely: INEC, Abba Kabir Yusuf and NNPP opened and closed their defense with a sole witness, Dr. Abdullahi Baffa Bichi, NNPP State Returning Agent.
