Great Victory!!! PDP Set To Take Over Kano, As Supreme Court Delivers Judgement Against Gov. Ganduje

By Post-Nigeria: September 27, 2019 14:03

Great Victory!!! PDP Set To Take Over Kano, As Supreme Court Delivers Judgement Against Gov. Ganduje

The Supreme Court, has on Friday, dismissed the appeal of Governor Abdullahi Ganduje of Kano State, the Independent National Electoral Commission, INEC, and the All Progressives Congress, APC, challenging the decision of the Court of Appeal, allowing the Peoples Democratic Party, PDP, Governorship Candidate in the 2019 general elections, Abba Yusuf, to present witnesses at the Election Petition Tribunal.
The 5-man Panel, led by Justice Mary Odili, unanimously upheld the decision of the Court of Appeal, directing the Tribunal to allow the “omitted” witnesses to be heard.
On July 29, the Court of Appeal, Kaduna Division, granted the application filed by the PDP and its Governorship Candidate, Abba Yusuf, seeking to present omitted witnesses before the Kano Governorship Election Petition Tribunal.
The interlocutory application was filed following the July 16, ruling of the Tribunal, in Kano, which disqualified eight key witnesses of the PDP, from testifying before it.

The names of eight witnesses, including the State Chairman of the PDP, Rabiu Bichi, and a Local Government Party Leader, Umar Tanko, who allegedly witnessed the disputed Gama election results snatching, were omitted in the list of witnesses, despite having their oath of affidavit as part of the content of the suit.
On September 18, the Respondents (INEC, APC, and the Governor of the State, Abdullahi Ganduje), adopted their final written addresses, and the Petitioners (Abba Yusuf and the PDP), adopted their responses on written addresses.
The Chairman of the Tribunal, Halima Shamaki, said that the Panel is conscious of the deadline of 180 days, provided by the Electoral Act, hence the resolve to tidy her work and deliver judgement within the time frame.

In their arguments during the presentation, all the Respondents’ Counsels: Ofiong Ofiong, SAN, Alex Ezinyon, and Ahmed Raji, SAN, had unanimously requested the Tribunal to dismiss the case, stating that, the Counsel to the Petitioners did not prove their claims.
However, in response to the submissions of all the Respondents, the Counsel to the PDP and its Candidate, Kanu Agabi, SAN, cited a point of reference from the content of INEC’s final written address, that the Electoral umpire has proved the Petitioners’ claim of conducting a free, fair and credible election, on the March 9, 2019.
Mr. Agabi further stressed that INEC has admitted in its final address, that the PDP Candidate was leading with lawful votes, and that results were collated and announced.
According to him, INEC had later decided to cancel 207 polling units, which is contrary to the provision of the law.

“INEC has announced the result of the 9th March, so to us, this case is very simple, all we pray from the honourable Tribunal, is the declaration of a winner based on the lawful votes cast, which is the PDP Candidate, Engr. Abba K. Yusuf, as contained in our evidence number one, a certified true copy of the State collation result sheet issued by the INEC itself”, he said.
However, Ganduje’s Counsel, Ofiong Ofiong, argued that for the PDP to claim victory of the March 9, election, the party must provide scores of all polling units in the State.
After the arguments, Justice Shamaki reserved judgment and adjourned the sitting sine die.