Court of Appeal Abuja Division has dismissed Governor Abba Kabir Yusuf of Kano State interlocutory appeal seeking to set aside the ruling of of the Elections Tribunal sitting in Kano, led by Justice Oluyemi Akintan Osadebay delivered on 13th, July 2023.
In its judgement today Thursday, the Court described the Abba K. Yusuf’s Appeal against APC and 2 others as “frivolous, vexatious and deserve penalty of dismissal.”
Abba Kabir Yusuf, had filed an Appeal against a Subpoena granted to a Witness Dr Aminu Idiris Harbau, to come an testified in the ongoing Governorship legal tussle by the Kano State Elections Tribunal, insisting that the Court had erred in it’s action.
The Governor filed an interlocutory appeal before Court of Appeal, Kano Judicial Division, challenging the ruling of Kano State Governorship Election Petition Tribunal delivered on 13th July, 2023 in a petition between All Progressives Congress, (APC) against Independent National Electoral Commission, INEC and two others.
In a notice of Appeal dated and filed at Tribunal Secretariat before final onward transmission to Court of Appeal, the Appellant, ( Abba Kabir Yusuf) is praying an order allowing the appeal and set aside the ruling of the Tribunal led by Justice Oluyemi delivered on 14th by Akintan-Osadebay.
In a six grounds of appeal formulated by counsel to the Appellant, Chief Adegboyega Awomolo SAN argued that that the learned judges of the Kano Governorship Election Petition Tribunal erred in law when they granted the application of the 1st Respondent, (APC) on leave to call a subpoenaed witness, Dr. Aminu Idris Harbau against the clear provision of paragraph 4(5) of the first scheduled of the Electoral Act, 2022.
Abba Kabir Yusuf further alleged that the Judges of the Tribunal erred in law when the refused, failed and neglected to consider as required by law Appellant’s submission on the interpretation of provision of the Electoral Act, 2022 in arriving at the decision, thereby denied Abba Kabir’s right of fair hearing.
According to the ground three of the Appellant, the Tribunal erred in law by granting the application of APC, to written deposition on oath of Dr Harbau, when, Petitioner/Respondent didn’t disclose any substantial or extreme circumstances in the application for alleged failing to the said deposion with the petition.
The Abba Kabir Yusuf also alleged that the Tribunal led by Justice Oluyemi Akintan Osadebay erred in law when the granted the application of APC, when there was no prayer for extension of time for the Tribunal to exercise its power in granting the application.
The Appellant similarly argued that the Tribunal erred in law when the refused to consider the provision of paragraph 17 of the First Schedule of the Electoral Act, 2023 with respect to other directions, which ought to be pray for within 10 days, after the entering of appearances, but not later than 10 days, after the filingof the reply.
The Judges of the Governorship Elections Tribunal erred in law to have issued a summon, pursuant to the letter of the 1st Respondent (APC) dated the 11th July, 2023 when the document that was issued as a subpoena was neither known to the three classifications of subpoenae known to law.
However the Court of Appeal in it’s ruling dismissed the Governor’s Appeal as “Frivolous and Vexatious which deserve dismissal”.
