A Lagos-based constitutional lawyer and public affairs analyst, Mr Jide Ologun, has said the sack of Gov. Abba Yusuf of Kano State by the Appellate Court on Friday is in accordance with the constitution.
Ologun, while reacting to the Appellate Court’s ruling, told the News Agency of Nigeria (NAN) on Saturday that the court’s decisions against the lone New Nigeria Peoples Party (NNPP) governor were based on existing laws and not sentiments.
“As a nation, our affairs are managed ranging from the constitution to guidelines and regulations.
“The appellate court, in a unanimous decision by a three-member panel of justices, held that Yusuf was not a valid candidate in the gubernatorial election that held in the state on March 18.
“This is by virtue of non-compliance with the provision of section 177(c) of the 1999 Constitution, as amended, as he was not validly sponsored by the NNPP,” the legal practitioner said.
According to him, the constitution stipulates that a person must be a member of a political party before he can be sponsored for an election.
He added that Section 77 of the Electoral Act 2022 also required each political party to maintain a membership register in hard and soft copy and to make such register available to the INEC not later than 30 days before the date fixed for primaries, congresses and conventions.
“In litigation, he who alleges bears the burden of proof of the facts according to S. 131, Evidence Act, 2011.
“Whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts shall prove that those facts exist.
“The appellant obviously failed to credibly convince the court to uphold his victory at the polls,” Ologun said.
He said the justices stated that a proof of evidence that was tendered before the court, established that the governor was not a member of the NNPP, as at the time the election held.
“Sponsorship without membership is like putting something on nothing,” the court held in its lead judgment that was delivered by Justice M. U. Adumeh.
“This is upholding the earlier decision of the Election tribunal.
“As it stands, in the absence of further appeal, the APC Guber candidate Nasiru Gawuna, will have to replace Abba Yusuf as governor,” he said.
Ologun, however, said that the appellant had the opportunity of proceeding to the Supreme Court, being the Apex Court in Nigeria since 1963, when we became a Republic, and the decision at the Apex court would become final.
NAN recalls that in an epochal judgment on Friday, the Appeal Court sitting in Abuja upheld the decision of the Kano State Governorship Election Petitions Tribunal which sacked Yusuf earlier in September.
The appellate court declared Nasiru Gawuna of the APC winner of the March 18, 2023 Kano State governorship election. (NAN)