Kano Governorship: Tribunal to rule on APC’s application to inspect BVAS machine

By Muhammed Yakubu On Jun 16, 2023

Kano, Governorship, Election Petition Tribunal, Abba Kabir Yusuf, — Kano State Governor, Abba Kabiru Yusuf

The Kano Governorship Election Petition Tribunal presided over by Justice Oluyemi Akintan Osadebay has reserved today, Friday for ruling on the application by APC seeking to produce and inspect BVAS Machine used at Kano Governorship Election conducted on 18th March, 2023.

APC filed the petition, challenging the returning and declaration of Engr. Abba Kabir Yusuf as winner of the Kano Gubernatorial election conducted on 18th March 2023.

In a five-volume petition, the Petitioner is praying the Tribunal to declare that Abba Yusuf is not qualified to contest the election, arguing that his name was not being in the list of members NNPP sent to INEC.

The petitioner is also praying the Tribunal to declare that NNPP did not win the election with the majority of lawful votes alleged that some of the votes cast for them are invalid and if removed from their scores APC will have the highest number of votes.

When the Tribunal resumed on Thursday for the continuation of pretrial conference, lead counsel to APC Nuraini Jimoh SAN urged the Tribunal to allow his client produce and inspect BVAS Machine used by INEC during the election.

In their responses counsel to the respondents, Barrister E Osayomi and that of 2nd and 3rd Respondents urged the tribunal to dismiss the application by APC, seeking to produce and inspect BVAS Machine.

In his submission, counsel to Abba Kabir Yusuf argued that the petitioner wanted to cure the defect of their petition through the backdoor which according to him is not allow in law.

He said the counsel ought to have brought their application not later than 10 days after closure of pleading.

He relied on Paragraph 17 sub 1 and 2 of the First Schedule

In his response, counsel to APC, explained that BVAS Machine is Mandatory requirement in an election petition.

The counsel further said the Petitioner has already pleaded in Paragraph 37 (C) of their petition and similarly in its reply.

Mr Jimoh SAN argued that Paragraph 17 cited by Respondents is not relevant and applicable to the arguments canvassed.

He said Paragraph 5 of the First Schedule is much relevance and applicable.

He also said there is no time limit to bring this kind of application, expect for further particulars adding that there would be no report, insisting that his application is for production and inspection of BVAS Machine.

“This application ought have been filed exparte but we chose to serve respondents on notice for the interest of fair hearing

“I wonder why INEC is so scared to produce what they did during the election, we are not asking for particulars nor amending our petition, he said.

APC however commenced tendering documents in relation to their petition.

Among the documents tendered by APC today include, List of NNPP Members , CTC of PVCs collected, Form EC8A (Polling units results)

The 3 Panel Tribunal Chaired by Justice Osadebay gave latitude to the respondents to object or otherwise of the documents tendered by the Petitioner.

Justice Osadebay then fixed next Monday as last day for pretrial session, to enable parties commence hearing, stressing that Election Petition is time bound.

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