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Confusion As Appeal Court’s Certified Judgment Affirms Kano Gov’s Election

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There was confusion in Kano State on Tuesday with the emergence of a Certified True Copy of the Court of Appeal judgment on the state gvernorship election.

While the widely reported verdict of the court last Friday indicated that the appelate court upheld the decision of the petition tribunal sacking Governor Abba Yusuf, the state Attorney-General and Commissioner for Justice, Haruna Isa-Dederi, argued that CTC of the judgment showed that Yusuf’s Victory at the poll was affirmed by the appeal court.

Isa-Dederi disclosed this while addressing a presa conference on Tuesday night.

He said  as indicated in the written judgment, the Court of Appeal set aside the judgment of the Kano Election Petition Tribunal for lacking in merit.

“The evidence contained on page 67 of the the copy of the Appeal Court judgment released on Tuesday and signed by Registrar, Jameel Ibrahim Umar, appellate court upheld the victory of Abba Kabiru Yusuf of the New Nigeria Peoples Party  as duly elected Governor of Kano,” he said.

The three member panel of the appeal court, on Friday, November 17, 2023, had dismissed the appeal filed by the governor  on the basis of his membership status.

The appellate court subsequently affirmed Nasiru  Gawuna of the All Progressives Congress as the winner of March 25, 2023 governorship poll in the state.

Dederi noted that page 67 of the certified true copy of the judgment clearly indicated that the tribunal’s ruling that sacked the governor was set aside.

The commissioner insisted that contrary to what the justices read to the public in the courtroom on November 17, the written evidence has vindicated Yusuf as legitimate governor of the state.

A copy of the CTC reveals a mix up in the conclusions.

According to the CTC, in his lead judgment,  Justice Moore Adumein,  wrote, “I will conclude by stating that the live issues in this appeal are hereby resolved in favour of the first respondent and against the appellant.”

Having been earlier sacked by the state governorship election petition tribunal, the governor who approached the Court of Appeal seeking to upturn the tribunal’s judgment is the appellant before the appellate court.

The  All Progressives Congress, the Independent National Electoral Commission and the NNPP are the first, second  and third respondents respectively.

According to the CTC, Justice Adumein continued, “In the circumstances, I resolve all the issues in favour of the appellant and against the first respondent.

“Therefore, I find no merit in this appeal which is liable to be and is hereby dismissed.

The judgment of the tribunal in Petition No.: EPT/KN/GOV/01/2023 between: AL PROGRESSIVES CONGRESS (APC) v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & 2 ORS. delivered on the 20th day of September, 2023 is hereby set aside.

“The sum of N1,000,000.00 (one million naira only) is hereby awarded as costs in favour of the appellant and against the 1st respondent.”

In resolving all issues in favour of the appellant (Yusuf), it means the Court of Appeal granted the governor’s appeal to quash his sacking by the tribunal.

But in concluding that he found no merit in the appeal while dismissing it also means that he upheld the decision of the tribunal sacking the governor.

The mix up in the judgment became more pronounced with the judge’s final declaration that the judgment of the tribunal delivered on September 25 sacking the governor is set aside while awarding N1m in favour of the governor and against the first respondent (APC).

The two other justices of the appeal court , Justice Bitrus Sanga and Justice Lateef Ganiyu, agreed with the lead judgment.

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INEC Faults Natasha’s Recall Petition, Says Petitioners Failed to Provide ‘Contact Details’

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The Independent National Electoral Commission, on Tuesday, raised concerns over the petition for the recall of the suspended Senator representing Kogi Central, Natasha Akpoti-Uduaghan.

The commission, in a statement signed by its National Commissioner and Chairman, Information and Voter Education Committee, Sam Olumekun, acknowledged receiving the petition, which includes six bags of documents that are said to contain signatures from more than half of the 474,554 registered voters in the district.

However, INEC pointed out that the petitioners failed to provide the necessary contact information, such as their addresses, phone numbers and email addresses, as required under the Commission’s Regulations and Guidelines for Recall 2024.

The petition, presented on behalf of the constituents by Charity Ijese and received by INEC’s Secretary, Rose Oriaran-Anthony, on Monday, was said to be lacking clear contact details for the representatives, with only the phone number of the lead petitioner provided.

Also, INEC noted that the petition represents voters from five local government areas—Adavi, Ajaokuta, Ogori/Magongo, Okehi, and Okene—covering 902 polling units across 57 registration areas.

However, the commission criticised the petitioners for providing a vague address—simply listing “Okene, Kogi State”—which does not meet the standards outlined in the commission’s regulations.

The statement read in part, “The commission held its regular weekly meeting today, Tuesday, 25th March 2025. Among other issues, the meeting discussed the petition for the recall of the Senator representing Kogi Central Senatorial District.

“The process of recall is enshrined in the 1999 Constitution, the Electoral Act 2022 as well as the commission’s detailed Regulations and Guidelines for Recall 2024, available on our website. All petitions will be treated in strict compliance with the legal framework.

“The petition from Kogi Central Senatorial District was accompanied by six bags of documents said to be signatures collected from over half of the 474,554 registered voters spread across 902 Polling Units in 57 Registration Areas (Wards) in the five Local Government Areas of Adavi, Ajaokuta, Ogori/Magongo, Okehi and Okene.

“The commission’s immediate observation is that the representatives of the petitioners did not provide their contact address, telephone number(s) and e-mail address(es) in the covering letter forwarding the petition through which they can be contacted as provided in Clause 1(f) of our Regulations and Guidelines.

“The address given is ‘Okene, Kogi State’, which is not a definite location for contacting the petitioners. Only the telephone number of ‘the lead petitioner’ is provided as against the numbers of all the other representatives of the petitioners.”

The commission emphasised that the recall process is governed by the 1999 Constitution, the Electoral Act 2022, and INEC’s own detailed guidelines and that once the petition meets all the legal requirements, INEC will initiate the verification of signatures in an open process at each polling unit.

It said the verification will be limited to registered voters who signed the petition, and both the petitioners and the senator facing recall will have the right to nominate agents to observe the process.

Signature verification will be conducted using the Bimodal Voter Accreditation System, and media and other observers will be accredited.

Olumekun explained, “The commission wishes to reiterate that the recall of a legislator is the prerogative of registered voters in a constituency who sign a petition indicating loss of confidence in the legislator representing them.

“Once the petition meets the requirements of submission, as contained in our regulations, the commission shall commence the verification of the signatures in each Polling Unit in an open process restricted to registered voters who signed the petition only.

“The petitioners and the member whose recall is sought shall be at liberty to nominate agents to observe the verification, while interested observers and the media will also be accredited. At each Polling Unit, signatories to the petition shall be verified using the Bimodal Voter Accreditation System.”

INEC assured the public that the recall process would proceed in accordance with the law, provided the petitioners fulfill all necessary guidelines.

However, in the absence of complete contact information, the commission is exploring alternative methods to notify the petition representatives.

INEC also urged the public to disregard any rumours or speculations circulating on social media and reiterated its commitment to ensuring that the process is carried out in full compliance with the legal framework.

“Consequently, if the petitioners fully comply with the requirements of Clause 1(f) of the Regulations and Guidelines regarding the submission of their petition, the commission will announce the next steps in line with the extant laws, regulations and guidelines.

“In the absence of a definite contact address, the commission is making efforts to use other means to notify the representatives of the petitioners of the situation.

“The commission reassures the public that it will be guided by the legal framework for recall. The public should therefore discountenance any speculations and insinuations in the social media,” the statement concluded.

The recall petition follows several controversial events involving Akpoti-Uduaghan, who was suspended from the Senate on March 6 for alleged “gross misconduct” following a dispute with Senate President Godswill Akpabio.

The petition, titled “Constituents’ Petition for the Recall of Senator Natasha Akpoti-Uduaghan on Grounds of Loss of Confidence,” called for her removal due to accusations of gross misconduct, abuse of office, and a pattern of deceit.

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Natasha vs Senate: Akpabio’s Accusation of Bias Forces Judge to Withdraw from Case

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Justice Obiora Egwuatu of the Federal High Court, Abuja, has withdrawn from the case filed by the suspended Senator Natasha Akpoti-Uduaghan against the leadership of the senate.

Justice Egwuatu, recused himself from the matter on Tuesday after lawyers to the parties in the suit announced their appearances.

He said he was stepping down from the matter because of the petition written by Senate President Godswilll Akpabio, alleging he was biased.

The presiding judge said he would will return the case file to the Chief Judge of the Federal High Court, Justice John Tsoho, so the matter could be reassigned to another judge.

Justice Egwuatu had on March 4, given an an interim order that stopping  the Senate Committee on Ethics, Privileges and Public Petitions from going ahead with the disciplinary proceedings started against t Akpoti-Uduaghan who was alleged to have broken senate rules.

The judge gave  the senate leadership  72 hours to show cause why it should not issue an order of interlocutory injunction to stop them from probing the plaintiff for alleged misconduct, without affording her the privileges stipulated in the 1999 Constitution, as amended, the Senate Standing Order 2023, and the Legislative Houses (Powers and Privileges) Act.

But the Senate Committee still went ahead to hold its sitting where it recommended Natasha Akpoti-Uduaghan for six months suspension.

However, the judge later amended the interim order by vacating the aspect that stopped  the Senate from from taking any action pending the outcome of the suit.

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Tinubu’s Emergency Rule: PDP Governors Seek Reversal at Supreme Court

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State governors elected on the platform of the Peoples Democratic Party (PDP) have filed a lawsuit at the Supreme Court challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State.

The President, on March 18, declared the emergency rule, citing Section 305(5) of the Nigerian Constitution, 1999 and suspended Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the state House of Assembly for six months while announcing Retired Vice-Admiral Ibok-Ete Ibas as the sole administrator of the state.

The PDP governors, comprising leaders from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states, argue that the president lacks the constitutional power to suspend a democratically elected governor and deputy governor, adding that they also contend that the appointment of a sole administrator is unconstitutional.

According to the court documents, the governors are seeking a declaration that the president’s actions violate sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended).

They further maintained that the president has “no powers whatsoever or vires to suspend a democratically elected governor and deputy governor of a state in the federation of Nigeria under the guise of or pursuant to the proclamation of a state of emergency.”

The governors are also challenging the approval of the state of emergency by the National Assembly, arguing that the use of a voice vote is unconstitutional as the law mandates a two-thirds majority vote from all members of each legislative chamber.

In their submission to the court, the plaintiffs further argued that the emergency proclamation did not meet the constitutional requirements set by Section 305.

“The proclamation failed to meet the stipulated conditions and procedures for such a declaration and was made for reasons beyond those specified in the said constitutional provision,” the governors contend.

The governors are seeking an order to nullify the appointment of Ibok-Ete Ibas as the sole administrator, declaring it unlawful and in gross violation of the constitution.

Additionally, they want the court to restrain the president from further attempts to suspend other governors or interfere with their constitutional duties.

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