Politics

By  Rabiu Gama

I had the (dis)pleasure of reading the full judgement of the Kano State Governorship Election Petition Tribunal last night, which was delivered on Wednesday, October 20, 2023, via Zoom. Here are my humble thoughts on it.

By the way, I am writing this under the safe assumption that anyone who is reading this is quite familiar with the story behind the judgment. Nonetheless, clarity is important. So, for the sake of clarity, let me quickly state that APC is the Petitioner in this case, while INEC, Abba Kabir Yusuf (AKY) and NNPP are the First, Second and Third Respondents, respectively. Nasiru Yusuf Gawuna, APC’s candidate, was not a party in the suit. The Tribunal, relying on the provision of Section 133 (1) of the Electoral Act, 2022, and some judicial authorities, held, correctly in my opinion, that Gawuna must not be a party before the Tribunal.

As I see it, NNPP’s and AKY’s lawyers did a bad job. INEC’s lawyers did worse, though: INEC’s legal team failed miserably to prove that the election was conducted in compliance with the provisions of the Electoral Act, 2022 (the burden or onus of proof was on them in that regard) as alleged by the Petitioner (the APC). The First Respondent, i.e., INEC, made a terrible and costly mistake of relying lazily on the weaknesses of the Petitioner’s case. The cost of not doing the right thing at the right time is always high!

Since the outcome of an appeal largely, if not completely so, hinges on the proceedings of the lower court (the Tribunal in this case), then it is my humble opinion that NNPP’s (AKY’s) chances of winning at the Court of Appeal might not be as promising as many hope it to be. It shocked me that NNPP’s lawyers could not even establish that AKY was a legitimate member of the party when he contested the 18^th of March Governorship Election. The Tribunal was benevolent enough to point out some ways that they could have followed to establish it, but they couldn’t.

I, however, failed to grasp or discern why the Tribunal refused to apply “the principle of margin of lead” when it went ahead to declare that APC’s candidate, Nasiru Gawuna, was the winner of the election even though it had already found and, in no uncertain terms, admitted that the number of cancellations was in hundreds of thousands while its final finding showed Nasiru Gawuna was leading with tens of thousands only. The Tribunal, in my humble opinion, should have ordered a re-run: based on that finding, the election was supposed to be declared “inconclusive”.

The Tribunal also seems to have disregarded the provision of Section 63(2) of the Electoral Act, 2022 when it invalidated over 165,000 votes that were cast in favour of NNPP/AKY for the reason that the ballot papers were neither signed nor stamped, in other words, the ballot papers did not carry the official mark that was prescribed by the commission (INEC). The said provision of the Electoral Act is to the effect that even if a ballot paper is not signed or stamped, the Presiding Officer of the concerned Polling Unit can go ahead and count the ballot paper as valid.

All in all, I find some of the reasonings and conclusions of the Tribunal, based on what was laid before it, legally sound. But the Tribunal’s failure to apply “the principle of margin of lead”, as well as its apparent disregard for the provision of Section 63(2) of the Electoral Act, 2022, do not sit well with me.

Even though it is trite that nobody knows for sure what a court of law will do, I will still strongly advise that AKY’s supporters (of which I am not ashamed to admit I am one) should manage their hopes regarding the chances of success in the Court of Appeal. This is because the odds seem frighteningly balanced. The scale might tilt in favour of any side.

The right thing to do right now is to pray for a “legal miracle” – whatever that means. Some miracle might happen, hopefully in the Court of Appeal, as the Supreme Court rarely tempers with the concurrent findings of the lower courts (the Tribunal and the Court of Appeal) unless those findings are glaringly perverse or have occasioned a miscarriage of justice.

Rabiu Gama is Law student. He writes from the Faculty of Law at Bayero University, Kano. He can be reached on 09061912994 or at rabiuinuwagama@gmail.com.

By Rukayya Abubakar Othman

In the last few years, Kano State has been plagued by a seemingly endless and unabated fierce political war that has divided the state and truncated its progress. The two principal political empires, the Kwankwasiyya and the Gandujiyya have polarised the people of Kano along two opposing camps, each calling for the head of the other.

It is difficult for any state or country to develop under an unstable and tumultuous political climate. Kano’s experience over the past years is a case in point. The incessant strife between the Kwankwasiyya adherents and the Ganduje’s followers has created a hostile environment for economic growth and social progress.

The recent election tribunal court verdict in Kano has further opened another dimension to the whole gamut of issues. The Kwankwasiyya adherents are questioning the true meaning and concept of independence of the Judiciary.

Will those who massively voted for NNPP accept the verdict of our courts in good faith? Will it further deepen confrontational politics in Kano? The answers to these questions can only be found in the upcoming Court of Appeal and the Supreme Court judgments.

More tellingly, the recent trend will no doubt tragically change the course of Kano politics. If the governorship polls in Kano are taken out of the general election, it will become like Imo, Edo, and Ondo states, where the governorship elections are held on different dates from the general election. This will have a multiplier effect on the political landscape of Kano, considering the central role that the state plays in the region.

The political leaders in Kano must put the state’s interests first and work together to resolve their differences. The people of Kano have suffered enough from the political instability in the state. It is time for politicians to put their differences aside and work for the good of the people.

Lastly, the recent court verdict in Kano has opened up a new dimension to the already turbulent political landscape of the state. It is difficult to predict the long-term impact of the ruling, but it will significantly impact the future of Kano politics.

The political leaders in Kano must put the state’s interests first and work together to resolve their differences. The people of Kano have suffered enough from the political instability in the state. It is time for politicians to put their differences aside and work for the good of the people.

Rukayya Abubakar Othman wrote via othmanrukayya0@gmail.com.

By Muhammad Shamsuddeen

On the first ground, which alleges that Engr. Abba Kabir Yusuf was not qualified to contest the election because his name was not submitted by the party 30 days before the primary election. The tribunal accepted the respondent’s contention in their preliminary objection to the effect that this ground is an internal affair of the party and mainly a pre-election matter in respect of which the tribunal has no jurisdiction.

The court then proceeded to hold that even if the evidence before the court proves the failure to submit the name as alleged by the petitioners, the court had no power to make pronouncement in that respect. Consequently, the ground was struck out for want of jurisdiction.

The second ground is that the election was invalid by reason of non-compliance with the provisions of the Electoral Act 2022 in over 300 polling units. To prove this case, the petitioners called only 31 witnesses, 30 among whom are Polling Unit agents of only 30 of the affected Polling Units. The law, as held in a plethora of authorities, is that to prove noncompliance in several Polling Units, the petitioner is under a duty to call witnesses from each of the Polling Units who saw the noncompliance first-hand.

Despite the reiteration of the above provisions in Obi v INEC and Atiku v INEC, the Kano tribunal shut its eyes against the doctrine of judicial precedent and held that it would rely on the documents dumped on the court, investigate the same at its Chambers and made findings in respect thereto.

The court, on its own, analysed the documents and held that all the Polling Units in respect of which the petitioner complained must be cancelled, and the number of PVCs collected in the Polling Units is 231,843. The tribunal, instead of making a pronouncement of inconclusive, considering that the margin between the candidates is less than 231,843, just kept quiet on that.

It should be noted that the tribunal did not advert its mind to the foundational position of the law of ‘he who asserts must prove’ and went ahead to believe that whatever was presented before it by APC was true and need not be validated by credible witnesses. The greatest error is from the tribunal’s determination of ground 3 of the petition, which alleges that the 2nd respondent was not elected by valid lawful votes at the election.

The petitioner’s contention here was that there were several ballot papers that were not stamped, signed or dated, for which reason they alleged that the votes were invalid. As a preliminary point, it should be noted that the petitioners did not plead the number of ballots affected by the alleged non-compliance. The law is that parties are bound by their pleadings.

Section 63 of the Electoral Act provides that; “(1) Subject to subsection (2), a ballot paper which does not bear official mark prescribed by the Commission shall not be counted. (2) If the returning officer is satisfied that a ballot paper which does not bear the official mark was from a book of ballot papers which was furnished to the presiding officer of the polling unit in which the vote was cast for use at the election in question, he or she shall, notwithstanding the absence of the official mark, count that ballot paper.”

The petitioners called only one Dr Harbau, who alleged that he is an expert and that he analysed the ballot papers and discovered that they were unsigned, undated, unstamped or affected by a combination of two or more of these. However, the written statement on oath of this witness was filed long after the hearing had commenced, and not along with the petition as mandated by the Electoral Act and the case of Obi v Inec decided 2 weeks ago.

Instead of discountenancing the oath of the witness, the court believed him line, hook and sinker. There is no evidence from the Petitioner that any of the ballot papers were rejected by the respective presiding officers or the collation officers. There is, therefore, the presumption that they were believed by the officials as having emanated from INEC.

Similarly, in Boni v Muazu (2004) 16 NWLR PT. 900, the Court of Appeal held that to prove ballot votes stuffing, it is the duty of the petitioners not only to produce the ballot papers allegedly stuffed, they must also produce the particular ballot boxes in which the ballots were stuffed, and same must be demonstrated before the court by bringing out the ballot papers from the boxes and counting them before the court to establish the claim. This did not happen.

The court still went ahead to unilaterally cancel the votes, namely 165,763 belonging to the 2nd respondent. With this cancellation, the margin between the parties is 36,766, with Gawuna leading. However, since the court earlier held that the number of collected PVCs in the cancelled polling units is 231,843, the only conclusion is to declare the election inconclusive. The court shut its eyes to this legal position and declared Gawuna, who is not a party in the proceedings, a winner of the election.

In the determination of grounds 2 and 3 of the petition, the tribunal refused to follow the precedent in Obi v INEC, Atiku v INEC, AYETOLA V INEC, BONI V MUAZU and several other decisions decided by the superior court. This decision is indeed one of a kind!

Muhammad Shamsuddeen is a legal practitioner based in Kano.

By Muhammadu Sabiu 

Kano State Governor Abba Kabir Yusuf, a member of the New Nigeria People’s Party (NNPP), has responded to the recent State Tribunal judgement that quashed his election victory with unwavering determination and optimism, describing the ruling as a “temporary setback.” 

In his statement following the judgement, Governor Yusuf expressed his commitment to continuing the positive work initiated for the people of Kano State, declaring, “It will not dampen my morale, as we will continue to do good works we have started for the good people of Kano State.” 

Governor Yusuf and his supporters firmly believe that the tribunal’s decision was marred by errors and misapplications of the law. He expressed confidence that the ruling would not stand in subsequent appeals, including those at the Supreme Court. 

He defended the integrity of his election, stating, “My election was testified to be upright and just; the people of Kano came out en masse to cast their votes for me, so nobody will sit down and upturn my victory.” 

In a plea to his supporters and the entire population of Kano, the governor urged them to remain law-abiding and patient throughout this legal process. 

He reassured them that the recent judgement did not signify an immediate exit from office, emphasising, “The judgement does not in any way mean that we are just going out of government; we are still in power.

Even tomorrow, we are going to hold the weekly Executive Council Meeting to come out with laudable projects.” 

Concluding his statement, Governor Abba Kabir Yusuf firmly asserted, “The judgement will not dampen our morale because it is a temporary setback. We will get justice at the Apex Court.” 

As the legal battle unfolds, Kano State remains in anticipation of further developments, with Governor Yusuf and his party gearing up to pursue justice through the higher courts.

By Muhammadu Sabiu 

The Bauchi State Governorship Election Petition Tribunal has upheld Governor Bala Mohammed’s victory in the hotly contested March 18th election. 

The tribunal, chaired by Justice P.T. Kwahar, dismissed the petition by the All Progressives Congress (APC) and its candidate, former Chief of Air Staff, Air Marshal Sadique Abubakar, citing no substantial grounds for nullification. 

Justice Kwahar emphasised the importance of upholding the rule of law and democratic processes.

Governor Bala Mohammed expressed gratitude to the people and called for unity, while APC representatives acknowledged the rule of law and hinted at exploring other legal options. 

This verdict solidifies Governor Bala Mohammed’s mandate and keeps Bauchi State under his leadership.

By Abdurrahman Muhammad

An appeal has gone to President Bola Ahmed Tinubu to ensure that all regions, faiths and sections benefit from political appointments made by his government while no ethnic group or faith is seen to be favoured above others. 

Making the appeal on Monday, 18th September 2023, was the Executive Director of the Muslim Rights Concern (MURIC), Professor Ishaq Akintola. The head of the Islamic human rights organisation added that appointments made so far by Tinubu are lopsided because they favoured mainly Yorubas and Christians. He advised the president to ensure balance in coming appointments. 

The full text reads:

“We are shocked to our marrows that President Bola Ahmed Tinubu has been appointing Christians and Yorubas mainly to key positions since the inception of this administration at the expense of Muslims. For instance, five out of eight security chiefs appointed earlier are Christians. Ministerial posts have not been different.

“All five key appointments made by President Tinubu to revive the economy were given to Christians and Yorubas mainly. These new appointees include the Minister of Finance, Wale Edun; the newly nominated CBN Governor, Dr. Michael Cardoso, Hon. Zacch Adedeji; Acting Chairman, FIRS; the Chairman, Tax Reforms Committee, Mr. Taiwo Oyedele and Mr. Tope Fasua, Special Adviser on Economic Affairs.

“Many competent Muslims who campaigned and voted for Muslim-Muslim ticket during the presidential election were ignored. It is interesting to note that some of those Muslims are eminently qualified to hold key political offices since there are professors, engineers, medical doctors and holders of doctorate degrees among them.

“To add salt to injury, one of the best Muslim ministerial nominees, the man who championed the Muslim-Muslim ticket and mobilised the whole North behind Asiwaju, has been jettisoned. Also, Professor Ali Isa Pantami, who took the communication and digital economy to enviable heights during the last administration, was ignored. Where, then, is our Muslim president taking Nigerian Muslims?

“MURIC rejects this trending narrative that makes competence the raison d’etre for concentrating appointments in any particular tribe, religion or group. Government’s tentacles should be spread nationwide in the search for competence. Neither should the need for skills be used as a cover for the marginalisation of some sections of Nigeria. 

“We assert clearly, emphatically and unequivocally that competence is not the monopoly of any tribe, faith or group. Talented Nigerians are to be found everywhere if sincere searches are conducted. 

“Besides, government should take the lion share of the blame if competent hands cannot be found in any section, creed or group for certain assignments. It means the government has not, ab initio, allowed educational and training facilities to be fairly and evenly distributed, or that the government has failed to consciously integrate all segments of the Nigerian society. All sectors must therefore have equal opportunities to participate in governance.

“This regime must be wary of allegation of nepotism, which the previous regime was accused of. Nigeria is a vast country with talented men and women in all nooks and crannies. The government must not just pick the low-hanging skills or those on the water surface. It must send its underwater swimmers to dive below the surface in order to bring the gems to dry land.

“Our message to President Tinubu is this (and we want the president’s handlers to take this to him) the cacophony of voices of dissatisfied Muslims has reached an unbearable crescendo such that MURIC is now constrained to speak up. People are complaining, particularly Muslims from the North and South West, and they can only be ignored at the risk of foregoing 2027. 

“President Bola Ahmed Tinubu is our Muslim brother, but that should not stop us from criticising him if he does the wrong thing. The Prophet (SAW) said, “Help your brother when he is wronged and even when he is wrong…”

“Traceable as well as well-known authors on social media are exchanging lopsided lists either tilted in favour of Christians who did not vote for the Muslim-Muslim ticket or in favour of Yorubas only. Such lists raise questions of nepotism and that of marginalisation of the same Muslims who stood behind Asiwaju and voted massively for him. 

The pervading hunger everywhere in the land may force some regions to seek a pound of flesh in 2027 if they are denied political appointments where it matters. In particular, President Tinubu should ensure that the North, which was his strategic ally in the 2023 presidential election, is not stinted of political appointments. Otherwise, he will destroy the thin veneer of solidarity which currently exists between the North and the South West.

“We remind President Bola Ahmed Tinubu that all regions, faiths and sections deserve political appointments. The Tinubu administration must not be the exclusive preserve of the Yorubas at the expense of other tribes, nor the monopoly of Rome at the expense of Madinah. No region must be sentenced to hunger, starvation and political isolation. 

“Tinubu’s next appointments must see a shift in body language. All regions, faiths and sections must benefit from political appointments made by this government, while no ethnic group or faith is seen to be favoured above others.

“Meanwhile, we in MURIC accept full responsibility for the dilemma facing Nigerian Muslims as their Muslim-Muslim ticket has turned into a ‘Christian majority government’. We admit being in the forefront of the campaign for a Yoruba Muslim presidency which has become a bone in the throat of Yoruba Muslims in particular and Nigerian Muslims in general. 

“With heavy hearts, we tender unreserved apology, first, to the former governor of Kaduna State, Mallam Nasir El-Rufai, for what we led him to even though he showed no interest at the beginning, and to other Nigerian Muslims, particularly those who have been accusing us of misleading them. 

By Muhammadu Sabiu

The Nigerian Bar Association (NBA) has commended Kano State Governor, Abba Kabir Yusuf, for his prompt response in dismissing two of his aides following a disturbing incident involving a death threat against judges of the governorship tribunal and derogatory comments made about Vice President Khasim Shettima.

The incident unfolded on Thursday when the Commissioner for Lands and Physical Planning, Adamu Aliyu Kibiya, addressed journalists during a special prayer session organized by NNPP supporters.

In a shocking statement, Kibiya issued a threat to the judges of the governorship tribunal, warning that anyone accepting a bribe to manipulate the judgement would face dire consequences.

Simultaneously, during the same prayer session, Special Adviser to the Governor on Youth and Sport, Yusuf Imam, known as Ogan Boye, made a series of derogatory remarks against Vice President Khasim Shettima concerning the impending gubernatorial tribunal judgement.

Barr. Suleiman Gezawa, Chairman of the NBA’s Kano branch, expressed his views on the matter in on Friday during an interview with a Nigerian online newspaper.

Gezawa called upon Governor Abba Kabir Yusuf to take disciplinary action against Commissioner Kibiya, emphasising that the statements made did not represent the official stance of the state government.

In a swift response, the State Commissioner for Information, Baba Halilu Dantiye, confirmed on Friday evening that Governor Abba Kabir Yusuf had terminated the appointments of Commissioner Adamu Aliyu Kibiya and Special Adviser Yusuf Imam.

Governor Yusuf also issued a directive, instructing all heads of Ministries, Departments, and Agencies (MDAs) to confine their comments and interviews to their respective offices.

Chairman Gezawa of the Kano NBA applauded Governor Yusuf’s decisive actions, emphasising the importance of distancing the administration from the careless comments made by his aides.

Gezawa further called upon security agencies to launch an investigation into the death threat issued by Commissioner Kibiya, suggesting that there might be ulterior motives behind the threat.

The swift response by Governor Abba Kabir Yusuf has been described by many as a clear show of commitment to upholding the integrity of the judicial process and preserving the dignity of public office in Kano State.

By Muhammadu Sabiu 

Garba Shehu, the spokesperson for former Nigerian President Muhammadu Buhari, defended the administration’s record while addressing ongoing criticism in a statement released on Wednesday. 

Shehu acknowledged that while the Buhari government may have made some decisions that were questioned, he emphasised that the former president’s intentions were always aimed at achieving positive change. 

Shehu pointed out that the administration took several significant steps to combat corruption during its eight years in power.

Notable initiatives included the implementation of the Treasury Single Account (TSA) and the Integrated Personnel Payroll Information System (IPPS).

These measures were aimed at improving transparency and financial accountability within the government. Despite these accomplishments, Shehu acknowledged that the Buhari government faced criticism from various quarters.

He stated, “There has not been a single area that had not been touched by the Buhari government. We have seen massive positive changes in the last eight years.”

However, he compared critics to individuals pretending to be asleep, implying that they were resistant to acknowledging the government’s achievements. 

Shehu also addressed allegations of corruption within the administration, asserting that those who criticized the government were often motivated by resentment over lost opportunities.

He made a specific reference to a Buhari “critic” who had served as a military governor in a northern state, suggesting that even his underwear had been procured using government funds. 

The statement further highlighted the administration’s stance on curbing wasteful spending and emphasised that President Buhari had declared that “no more free money.”

Shehu argued that money allocated to National Security Agencies was intended for security purposes and should not be misappropriated. 

Shehu concluded that President Buhari had fulfilled his part and would be judged by history. He expressed confidence that history would judge the former President fairly.

By Uzair Adam Imam

Governor Uba Sani of Kaduna State has expressed gratitude to Allah and the Kaduna state people for their enormous supports and confidence reposed on the administration in the crucial first 100 days in office.

Govenor Sani’s first 100 days in office has taken several key interventions across security, health, education, infrastructure and rural development.

The Chief Press Secretary to the Governor, Muhammad Lawal Shehu, disclosed this in a statement he issued on Wednesday.

The statement reads, “To mark this milestone,several activities were lined up and several projects cutting across the 7 pillars of the SUSTAIN manifesto were announced and commissioned.

“With safety and security as the first pillar of the SUSTAIN manifesto, the Kaduna State Government in partnership with other security agencies commenced the training of 7,000 recruits of the Kaduna Vigilance Service (KADVS).

“The recruits were drawn from the 23 Local Government Areas of Kaduna State. This move to strengthen the Kaduna Vigilance Service to assist the police and other security agencies in the state in combating crime has been welcomed by all well-meaning citizens.

“In efforts to upgrade infrastructure, the construction of 32 rural roads covering about 406km across our 23 Local Government Areas has commenced as part of efforts to transform our rural areas, a main policy thrust of this administration.

“In health, state-of-the-art-mobile diagnostic trucks purchased by Kaduna State Government were commissioned and essential medical equipment are currently being distributed to our 290 Primary HealthCare Centres. The mobile trucks come fully-fitted with medical diagnostic equipment to render integrated health services in hard-to-reach and underserved communities across Kaduna state.

“Similarly, a fully-equipped Women and Child Shelter at Katuru Road was commissioned ,to serve as a transit home for children and women who are subjected to violence abuse by offering them medical, psychosocial and legal support.

“In continuation of activities marking the first 100 days in office, and as evidence of his commitment to education especially girl-child education, Governor Uba Sani commissioned a constructed/renovated 200-bed capacity hostel block, 16 classrooms, and a sickbay at the Government Girls Secondary School, Kawo, Kaduna North LGA.

“The Governor to the delight of parents state-wide also performed the groundbreaking for the construction of 62 Junior and Secondary Schools across the state, where he used the opportunity to reiterate that in Kaduna state,primary and secondary education in state-owned schools is free,” the statement added.

By Muhammadu Sabiu 

The Presidential Election Petitions Court has rendered its decision on the petition filed by the Allied Peoples Movement (APM), challenging the eligibility of President Bola Tinubu and Kashim Shettima to run for office. 

In a ruling delivered on Wednesday, the court announced that it lacked the jurisdiction to hear the case, deeming it a pre-election matter that should have been addressed in a high court. 

Justice Haruna Tsammani, who read the lead judgement, clarified that the issues raised by APM were indeed pre-election matters and fell outside the purview of the Presidential Election Petitions Court. 

He emphasised that the 180-day timeframe stipulated for addressing such issues had already passed. Citing legal precedent in the case of Alhassan and others versus Ishaku and others, Justice Tsammani underscored that election tribunals do not have the authority to delve into the internal affairs of a political party, including issues related to primary elections. 

Instead, matters of qualification and disqualification are governed by the provisions of Sections 131 and 137(1)(a)(j) of the Nigerian Constitution. The crux of APM’s argument revolved around their contention that Tinubu and Shettima had not been validly nominated to contest the February 25 election. 

They argued that a combination of constitutional provisions and the Electoral Act rendered their nominations invalid. Specifically, APM claimed that the period between Kabiru Masari’s announcement of withdrawal as an APC placeholder on June 24, 2022, and the date Shettima’s name was forwarded to INEC on July 14, 2022, exceeded the 14-day limit stipulated in Section 33 of the Electoral Act for the replacement of a candidate.

However, the court’s ruling ultimately found that these issues should have been raised in a high court, not within the jurisdiction of the Presidential Election Petitions Court. 

This decision marks a pivotal moment in the legal battle surrounding the qualifications of President Bola Tinubu and Kashim Shettima, effectively concluding that the matter remains an internal concern of a political party and beyond the court’s authority to adjudicate.