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

By Muhammed Yakubu On Jun 17, 2023

Abba Kabir Yusuf, NNPP, APC, Kano, Tribunal, Nuraini Jimoh — (L-R) APC logo and Abba Kabir Yusuf

The Kano State Governorship Election Petition Tribunal, on Friday, granted leave for All Progressives Congress (APC) to access and inspect BVAS Machine, used by the Independent National Electoral Commission (INEC) during March 18, 2023 election in the state.

The 3 member panel, granted the leave for the Petitioner to Produce and Inspect the BVAS Machine used in the following LGAs: Bebeji, Gezawa, Tudun Wada, Garko, Ungogo, Ajingi, Bunkure, Warawa and Karaye.

It could be recalled that the Petitioner led Counsel Mr Nuraini Jimoh SAN filed an application seeking the Tribunal to allow APC to inspect the devices of the affected LGAs with BVAS Machine issues, during Kano Governorship Election conducted on 18th, March, 2023.

In its ruling, Justice Oluyemi Akintan Osadebay said after reviewing all the facts adduced by both counsel, she upheld that Petitioners made pleading in several parts of their petition.

She maintained that granting application will not give room for the petitioner to cure their defect.

“It amounts to a denial of fair hearing not to grant access for the petitioner to inspect the BVAS machine as prayed, considering the provision of section 146 of Electoral Act, 2022 as amendment.”

The Tribunal similarly dismissed the prayer seeking to join all parties during the inspection of BVAS Machine.

Consequently, the respondents in the Petition filed a preliminary objections seeking the Tribunal to dismiss the petition for alleged defectiveness.

In their separate submissions, Counsel to INEC, Barrister KC Wisdom, Engr Abba Kabir Yusuf, BJ Akomolafe SAN and NNPP Barrister Abdulhamid Mohammed said the sponsor and nomination of a candidate is purely a party affairs, stressing that it is not necessary for a name of person sent to INEC to appear in the register.

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The counsel further said section 171 and 172 of the CFRN stated on qualification of candidate of a party in an election, alleged that no body will tend to benefit from the reliefs of the Tribunal.

He maintained that the APC has no candidate, urging the court to dismiss the petition for lack of locus to challenge the victory of Engr. Abba Kabir and his party NNPP.

.In a 3-separate Counter Affidavit dated 5th, 14th and 15th of June respectively, Nuraini Jimoh SAN prayed the court to dismiss the respondents’ preliminary objections with cost, as incompetent and sui generis.

“My Lord regarding the fact that APC is the only party before you, section 136 of Electoral Act 2022 gives us remedy that any candidate who came second will come over.”

While responding to the arguments that Engr Abba Kabir Yusuf name was not contained in the list of NNPP membership sent to INEC, Nuraini Jimoh said that section 177 Act 2022 says for a person to be qualified to contest as a member of a political party must be a registered member 30 days before primary election, insisting that Abba Kabir’s name was not included in the NNPP membership register sent to INEC.

“My Lord if the name of a candidate is not sent to INEC 30 days before primary election that person is not qualified to contest.

I urge you to so hold and dismiss the Preliminary Objections by the Respondents.” Nuraini Jimoh prayed.”

The 3 panel Justices chaired by Justice Oluyemi Akintan Osadebay reserved ruling till the day of final judgement and adjourned the matter until June 17th for continuation of pretrial.

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