*KANO GUBER JUDGEMENT: Lawyer’s Group Disagree With Falana On Verdict.*

By Aisha Ideresu

A civil society group known as Guardians of Democracy and Rule of Law, has disagreed with foremost Human Rights lawyer, Mr. Femi Falana, SAN, on the Judgement of the Kano State Governorship Election Petition Tribunal which nullified the declaration of Kabiru Yusuf as the winner of the March 18 Governorship election in Kano state.

The lawyer’s group known for its relentless clamour for electoral reform, and an end to all forms of malpractices associated with the electoral process, said Mr. Falana’s position that it was punishment of voters to deduct 165,000 votes from the total votes cast for the candidate of the All Nigerian People’s Party (NNPP) in the March 18 Kano governorship, was regrettable and a direct endorsement of electoral malpractices and fraud.
“Nigerians are not unaware of the many fraudulent tactics employed by desperate politicians in Nigeria to inflate their votes and grab power without the endorsement of the people. It is therefore hasty conclusion to call votes that might have been fraudulently generated as belonging to any legal voters”, the group noted.

A. A Ugboha, ESQ., who made the statement on behalf of the group in Abuja, further called the attention of Mr. Falana to section 163 of the electoral act 2022 which empowers returning officers not to count ballot papers that do not bear INEC’s official marks. “A burden that could only be effectively discharged by adducing compelling evidence that meets the requirements for allowing such ballot papers to count as provided in subsections 2 and 3 of the above provision.

Ugboha also cited the recent judgement of the Court of Appeal which sacked Senator Elisha Abbo as the Senator representing Adamawa Central. “I wish to also remind Nigerians of the recent Court of Appeal judgement in the case of Yohana & Ors vs Elisha Abbo & Ors where after hearing the arguments of the parties, the Court of Appeal agreed with Usman, Counsel to Amos Yohana of the People’s Democratic Party (PDP), that based on Section 137 of the Electoral Act, 2022, the results tendered clearly showed that there was no compliance with the Electoral Act. The court, subsequently deducted the invalid votes from both parties and found that Yohanna and the PDP won the election by a majority of lawful votes. We need not remind Nigerians and Mr. Felana that this sound judgement of the Court of Appeal, based on the age-long legal principle of stare decisis becomes instrumental to whatever the decision of the Court of Appeal will be in this instant case.

“We cannot also hide our disappointment that a leading lawyer and legal icon in the rank of Mr. Femi Falana, SAN, who called for “substantial justice”, will chose this time, when a matter is still subjudice, to make comments that are capable of derailing the cause of justice”.

The group further called on Falana and other senior lawyers, and electoral reform advocates to support the judiciary in its resolve not to allow desperate politicians who have continued to make free, fair and transparent elections that reflects the will of the people impossible, to inherit power and enjoy the proceeds of their crimes.

Recall that a human rights lawyer, Femi Falana, SAN, faulted the verdict by the Kano Governorship Election Petition Tribunal nullifying the victory of Governor Abba Yusuf, says ‘you can’t punish voters for errors of INEC’

Mr Falana said omitting 165,000 votes on the basis of not being stamped was improper.
According to him, the judges shouldn’t have punished the voters for errors committed by the Independent National Electoral Commission, INEC.