The Kano State governor, Abba Kabir Yusuf, has filed a 42-ground notice of appeal to regain his mandate at the Court of Appeal.
The Kano State Governorship Election Petitions Tribunal last month sacked Yusuf and declared his opponent, Nasir Yusuf Gawuna of the All Progressives Congress (APC) as the winner of the March 18 gubernatorial election.
But in a notice of appeal filed on October 2 but seen yesterday, the governor asked the appellate court to set aside the judgement of the tribunal and strike out the petition of the APC.
In ground 1 of the appeal, the governor argued that the tribunal “misapprehended the proceedings before it and occasioned a mistrial by its decision to allow the petitioner tender several exhibits on July 22, 2023 after the petitioner had closed its case on July 15, 2023, followed by the 1 respondent who had also closed its case on July 20, 2023; and while theappellant had called his 1 witness who gave evidence and was already cross examined by the 1 respondent before the lower tribunal.”
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He also said the tribunal breached his right to fair hearing and that it also “erred in law and reached a perverse decision when it held variously” in the judgement that Gawuna satisfied the mandatory provision of the constitution to be declared the winner of the election, while also saying the tribunal erred in law by saying APC’s petition was competent even without Gawuna as a party in the petition.
While also arguing that the tribunal acted without jurisdiction, Governor Yusuf submitted that the tribunal “erred in law and reached a perverse decision when it invalidated 165,616 votes and deducted same from the votes of the appellant herein.”
Meanwhile, Governor Yusuf has engaged the services of Wole Olanipekun, a Senior Advocate of Nigeria (SAN), who led the legal team of President Bola Tinubu at the Presidential Election Petition Tribunal (PEPT), to lead the charge to restore his mandate at the tribunal
Also on the legal team of the governor include Bode Olanipekun (SAN), Ibrahim G. Waru and Akintola Makinde, with Wole Olanipekun & Co as the legal firm handling the appeal, while Chief E.O.B. Offiong (APC) remains the counsel for the APC.
