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General News of Thursday, 21 December 2023

Source: www.legit.ng

Sacking of Governor Yusuf: Full list of controversial court judgements on 2023 elections

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As the year 2023 approached its end, some court judgments came as a shock to many Nigerians.

Some of them are listed below:

Ahmed Lawan vs Machina

Ahmed Lawan, the former senate president, did not contest the Yobe North senatorial district primary but was declared the All Progressives Congress (APC) candidate at the Supreme Court.

Bashir Machina, the primary winner, had to defend his mandate at the federal high court in Abuja, where he was declared the authentic poll winner.

Lawan, who has been in the national assembly since 1999, had contested the APC presidential primary at the time of the Yobe North senatorial primary, which he lost to President Bola Tinubu.

However, APC in Yobe and Lawan pursued the case to the Supreme Court, where he was declared the winner of candidate of the party in the 2023 senatorial election.

The emergence of Lawan in the 10th senate was criticised by Justice Dattijo Muhammad of the supreme court on his valedictory day.

The sacking of Kano Governor

Another striking court judgment that shook Nigerians was the sacking of Governor Abba Kabir Yusuf by the Kano state governorship election petition tribunal and the Court of Appeal.

The tribunal sacked Governor Yusuf after the trial court deducted 165,663 votes of the total votes that made the Independent National Electoral Commission (INEC) declare him as the winner of the March 18 governorship election in Kano.

The New Nigeria Peoples Party (NNPP) candidate votes that were deducted were adjudged invalid because they were neither signed nor stamped by INEC. Nasir Yusuf Gawuna, the candidate of the APC in the election, was then declared the poll winner.

At the same time, INEC was ordered to withdraw the certificate of return issued to Yusuf, and another one should be given to Gawuna.

At the Court of Appeal, Governor Yusuf was sacked because he was not a member of the NNPP at the time of the election. Thus, the court found no reason to hear the anomalies in the election since he was not a member of the NNPP.

However, the emergence of the certified true copy of the judgment showed that Governor Yusuf's victory was affirmed before the court clarified the situation.

This development led to controversies on the sincerity of the court on the matter, with many pundits calling for the will of the people to be respected.

Ismail Balogun, a legal practitioner, who spoke with Legit.ng, posited that the governor may still be sacked by the Supreme Court, adding that the apex court rarely overturns concurring judgment.

He said: "In my mind, the probability of success at the Supreme Court is shrouded in the web of uncertainty. This is because he is now dealing with two concurring judgments of the lower Courts, and the Supreme Court rarely overturns concurring judgments unless the same is perverse or there was a miscarriage of justice."