The All Progressives Congress (APC) has filed a cross-appeal challenging the judgment of the Abuja Appeal Court for failing to disqualify Governor Abba Yusuf of Kano State, from contesting the March 18 election over an alleged certificate forgery.
Recall that in September, the State governorship election petition tribunal sacked Yusuf, candidate of the New Nigeria Peoples Party (NNPP), as Governor.
The tribunal deducted 165,663 votes from the 1,019,602 votes recorded for Yusuf because the ballot papers (165,663) were not stamped, signed and dated as required by law.
The tribunal then declared Yusuf Gawuna of the All Progressives Congress (APC) as the winner.
Displeased with the verdict, the NNPP and its candidate challenged the judgment at the appellate court.
On November 17, the court of appeal upheld the tribunal’s verdict and added that Yusuf was not a member of the NNPP when he contested the election.
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The NNPP has since filed a notice of appeal before the supreme court, seeking to quash the appellate court’s judgment.
The APC on the other hand has filed a cross-appeal at the apex court, challenging the lower court for refusing to hold that Yusuf submitted a forged certificate to the Independent National Electoral Commission (INEC).
The notice of appeal was filed by Akin Olujinmi, APC’s counsel.
“The lower court erred in law when their lordships at page 11 of the judgement held thus: Now whether or not the 2nd Cross Respondent’s Form EC9 exhibit qualifies as a certificate under Section 182[1] [j] of the Constitution of the Federal Republic of Nigeria, 1999 [as amended] isn’t of any utilitarian benefit or value to the cross-appellant,”
“Contrary to the holding of the lower court, a decision on it goes to the issue on non-qualification of the 2nd cross-respondent to contest the election in dispute in this appeal,” the notice of appeal read.
