Kano Guber: APC Accuses Gov Abba Yusuf Of Certificate Forgery In Cross Appeal At Supreme Court

The All Progressives Congress (APC) has filed a cross appeal at the Supreme Court of Nigeria, alleging that Governor Abba Yusuf’s supposed certificate forgery disqualifies him from holding the Kano State governorship position.

This comes despite the APC’s previous victories against Yusuf at the Kano State Governorship Election Petition Tribunal and the Court of Appeal.

THE WHISTLER reports that the Court of Appeal sitting in Abuja had dismissed the appeal filed by Kano State Governor, Abba Kabir Yusuf of the New Nigeria Peoples Party (NNPP), against the judgment of the Governorship Election Petition Tribunal which declared the All Progressive Congress (APC) flagbearer, Nasiru Yusuf Gawuna, as the winner of the state’s governorship poll held on March 18.

In March 2023, the Independent National Electoral Commission (INEC) declared Abba Yusuf of the New Nigeria Peoples Party (NNPP) the winner of the Kano governorship election, with a margin of over 100,000 votes.

The APC challenged the election outcome at the Tribunal, alleging electoral malpractice.

In September 2023, the Tribunal nullified Yusuf’s election, citing over 160,000 invalid votes due to missing signatures and stamps on the ballot papers.

Yusuf, however, appealed the Tribunal’s decision to the Court of Appeal.

In November 2023, the Court of Appeal upheld the Tribunal’s ruling, further disqualifying Yusuf for failing to submit his NNPP membership register to INEC.

However, a discrepancy arose between the judgment read in court and the certified true copy (CTC) of the judgment.

The NNPP appealed to the Supreme Court, claiming that the CTC upheld Yusuf’s election but the Court of Appeal acknowledged a clerical error in the CTC and promised correction.

The APC has filed a cross appeal at the Supreme Court, alleging that Yusuf’s Form EC9 submitted to INEC constitutes a forged certificate, making him unqualified to contest the election under Section 182(1)(j) of the 1999 Constitution.

They argue that the lower court erred by not declaring the Form EC9 a forged certificate and that this issue is crucial for the final determination of the case.

The cross appeal seeks a Supreme Court ruling on whether Form EC9 constitutes a forged certificate, disqualifying Yusuf and solidifying Gawuna’s victory.

In its notice of cross appeal, APC lawyer, Akin Olujinmi SAN, prayed the apex court for “An order of this honourable court adjudging ExhibitP1 [the 2nd Cross-Appellant’s Form EC-9 submitted to INEC] a forged/false certificate within the meaning and contemplation of Section 182[1][j] of the 1999 Constitution,” Olujinmi sought.

Olujinmi contended that though the Appeal Court affirmed its candidate as Kano governor-elect, the lower Court erred in law when they held at page 11 of their judgment that the INEC Form EC9 the APC tendered showing Yusuf’s alleged certificate forgery, does not qualify as a certificate under Section 182[1][j] of the 1999 Constitution (as amended).

Olujinmi contended that the lower court erred to hold that “whether or not the 2nd Cross Respondent’s(APC) Form EC9 exhibit qualifies as certificate under Section 182[1] [j] of the Constitution of the Federal Republic of Nigeria, 1999 [as amended] is not of any utilitarian benefit or value to the cross appellant.”

He urged the apex court to adjudge Form EC9 as a forged certificate.

“Contrary to the holding of the lower court, a decision on it goes to the issue on non-qualification of the 2nd cross-respondent(Yusuf) to contest the election in dispute in this appeal.

“The issue is of utilitarian value to the cross-appellant, as the final appeal on the matter lies to the Supreme Court.

“The fact that the lower court upheld one leg of the issues of non-qualification raised against the 2nd Cross-Respondent does not render unnecessary a pronouncement by the Court of Appeal, being an intermediate court, on the second leg,” Olujimi held, urging the apex court to place a seal on the disqualification of Yusuf and affirm Gawuna’s election.

Joined in the cross appeal are the Independent National Electoral Commission, INEC, Governor Abba Kabir Yusuf and the New Nigeria People’s Party, NNPP.

The Supreme Court will hear the appeals and cross appeals, considering arguments from all parties involved.

The final judgment will determine the rightful governor of Kano State.