Kano: Why Appeal Court sacked Gov Yusuf

The Court of Appeal sitting in Abuja, on Friday, nullified the election of Governor Abba Yusuf of Kano State.

The appellate court, in a unanimous decision by a three-member panel of justices, held that governor Yusuf was not a valid candidate in the gubernatorial election that held in the state on March 18.

It maintained that a proof of evidence that was adduced before it, established that the governor was not a member of the New Nigeria Peoples Party, NNPP, as at the time the election held. According to the court, Yusuf, under section 177(c) of the 1999 Constitution, as amended, was not qualified to contest the governorship election since he was not validly sponsored by the NNPP.

“A person must be a member of a political party before he can be sponsored for an election.
“Sponsorship without membership is like putting something on nothing,” the court held in its lead judgement that was delivered by Justice M. U. Adumeh.

It maintained that a proof of evidence that was adduced before it, established that the governor was not a member of the New Nigeria Peoples Party, NNPP, as at the time the election held. According to the court, Yusuf, under section 177(c) of the 1999 Constitution, as amended, was not qualified to contest the governorship election since he was not validly sponsored by the NNPP.

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“A person must be a member of a political party before he can be sponsored for an election.
“Sponsorship without membership is like putting something on nothing,” the court held in its lead judgement that was delivered by Justice M. U. Adumeh.

It held that the Constitution stipulated that a person shall be qualified for the office of a governor of a state, if he is a member of a political party.

“Membership of a political party is a sine qua non for eligibility to contest a governorship election,” the court held, adding that governor Yusuf’s name was not found in a three volumes of membership registers that the NNPP tendered in evidence.

Besides, the court wondered why governor Yusuf, who was the Appellant, relied on an affidavit that was deposed to by another person, to prove that he was a bonafide member of the political party.

It held that though the issue of membership is a domestic affair of a political party which no court has the jurisdiction to meddle in, “it should be noted that a court will not allow a political party to act arbitrarily. A political party must obey the Constitution,” the court added.

The appellate court further held that since section 134 (1) (a) of the Constitution, permitted a petitioner to contend that a candidate was not qualified to contest an election, “it is clear that a door or window of jurisdiction is opened to a court or tribunal to determine an assertion that a person whose election is being challenged, was not qualified to contest the election.

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