Election Tussles: Court dismisses Kano Gov interlocutory appeal to reverse tribunal judgement

The Court of Appeal, Abuja Division, on Thursday, dismissed Kano State Governor, Abba Kabir Yusuf’s Interlocutory appeal seeking to set aside the ruling of the Election Petition Tribunal sitting in Kano, led by Justice Oluyemi Akintan Osadebay delivered on 13th, July 2023.

However, in its judgement, the Court described Abba Yusuf’s Appeal against the All Progressive Congress (APC) and 2 others as “frivolous, vexatious and deserve penalty of dismissal”.

It will be recalled that Governor Yusuf had filed an Appeal against a Subpoena granted to a witness Dr Aminu Idiris Harbau, to come and testify in the ongoing governorship legal tussle by the Kano State Elections Tribunal, insisting that the Court had erred in its action.

The Governor filed an interlocutory appeal before the Court of Appeal, Kano Judicial Division, challenging the ruling of the Kano State Governorship Election Petition Tribunal delivered on 13th July, 2023 in a petition between APC against the Independent National Electoral Commission, INEC and 2 others.

According to a notice of Appeal dated and filed at the Tribunal Secretariat before final onward transmission to the Court of Appeal, the Appellant, (Abba Kabir Yusuf) is praying an order allowing the appeal and set aside the ruling of the Tribunal led by Justice Oluyemi delivered on 14th by Akintan-Osadebay.

In 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) on leave to call a subpoenaed witness, Dr Aminu Idris Harbau against the clear provision of paragraph 4(5) of the first schedule of the Electoral Act, 2022

Governor Yusuf also alleged that the Judges of the Tribunal erred in law when they refused, failed and neglected to consider as required by law Appellant’s submission on the interpretation of a provision of the Electoral Act, 2022 in arriving at the decision, thereby denying Abba Kabir’s right of fair hearing.

However 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 deposing with the petition.

The Abba Kabir Yusuf also alleged that the Tribunal led by Justice Oluyemi Akintan Osadebay erred in law when they granted the application of APC when there was no prayer for an 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 prayed for within 10 days, after the entering of appearances, but not later than 10 days, after the filing of the reply.

The Judges of the Governorship Elections Tribunal erred in law to have issued a summon, pursuant to the letter of the 1st Respondent (APC) dated the 11th of July, 2023 when the document that was issued as a subpoena was neither known to the three classifications of subpoenaed known to law.

However, the Court of Appeal in its ruling dismissed the Governor’s Appeal as “Frivolous and Vexatious which deserve dismissal”.

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