No conflict in the decisions of the Court of Appeal in Peter Obi & Labour Party against INEC, President Tinubu and two Others; and Kabir Yusuf & NNPP against APC:

The Court of Appeal Abuja on 17 November 2023 delivered judgment in the appeal filed by the Governor of Kano State, Engr. Kabir Yusuf against the Judgment of the Kano Governorship Election Petition Tribunal dated 25 September 2023 that had nullified his election as Governor of Kano State.

The Court of Appeal affirmed the Judgment of the Tribunal and ordered that Governor Kabir Yusuf vacant his gubernatorial seat for the APC candidate, Gamuwa to take over.

One aspect of the judgment of the Court of Appeal that has attracted the attention of pundits is the part where the Court of Appeal, held that Governor Kabir Yusuf was not properly sponsored by his party-NNPP.

Expectedly pundits have wondered why this should be so, given that the judgment of the Presidential Election Petition Tribunal(PEPT) in the consolidated petitions of Peter Obi & Labour Party against INEC, President Bola Ahmed Tinubu; Senator Kashim Shettima, and APC, had held that it had no jurisdiction to adjudicate on membership of a political party raised by President Tinubu against Peter Obi.

It goes without saying if that is the position; why would the Court of Appeal in Kabir Yusuf NNPP against APC decide otherwise?

The position of the law is that where a superior court has decided on a matter; the court on the lower rung of the judicial hierarchy is bound to apply that principle enunciated by the superior court, where the facts of the previous case are similar to the facts and circumstances of the instance case.

This doctrine is known as judicial precedent and, is one of the hallmarks of the common law tradition which holds sway in the Nigerian legal system.

However, for judicial precedent to apply the facts of a previous case must be similar to the facts of the new case.

The pertinent question therefore is:are the facts in Peter Obi & Labour Party against INEC, President Tinubu, Senator Shettima & APC on one hand ;
and APC vs, INEC, Kabir Yusuf & NNPP on the other hand, are similar?

The answer is No.

In the case of Peter Obi& Labour Party and INEC, President Tinubu; Senator Shettima, and APC (the Respondents), took a preliminary objection on the locus standi of Peter Obi to bring his Petition on the ground that he contravened section 77(3) of the Electoral Act.
Section 77 (3) of the Electoral Act mandates a political party to submit the membership register of its members 30 days before the Party primaries.
The INEC, President Tinubu, Senator Shettima, and APC
had argued that Peter Obi was not a member of the Labour Party but PDP.
They contended further that Peter Obi had resigned from his membership of the PDP only on 25 May 2022 to join the Labour Party on 27 May 2022.

On the other hand, in Kabir Yusuf & NNPP against APC; the Petitioner (APC) had filed a petition against Kabir Yusuf seeking a determination that the 3rd Respondent(NNPP) failed to sponsor a candidate who satisfied the requirements of sections 177 and 182 of the Constitution, Electoral Act 2022, and other Electoral Laws, for the election of the Governor of Kano State.

Therefore, the facts, of the cases of the Respondents (INEC, President Tinubu; Senator Shettima, and APC) and Peter Obi are fundamentally different from the facts and circumstances in Kabir Yusuf & NNPP against APC.

In Peter Obi's case, the Respondents challenged the locus standi of the petitioners to bring the petitioner on the ground that Peter Obi violated section 77 (3) of the Electoral Act,2022 but they were overruled. The PEPT held it did not have jurisdiction because membership of a political party is a political question that cannot be determined by a court.

On the other hand, in Kabir Yusuf & NNPP against APC; the Petitioner(APC) sought a determination that the 3rd Respondent(NNPP) failed to sponsor any candidate who satisfied the requirements of sections 177 and 182 of the Constitution, Electoral Act 2022, and other Electoral Laws, for the election of the Governor of Kano State.

The facts of the two cases are therefore different and the precedent enunciated in the judgment in Peter Obi's case is not Kabir Yusuf & NNPP against APC.

The facts and circumstances of these two cases (Peter Obi against INEC, President Tinubu, Senator Shettima & APC), and Kabir Yusuf & NNPP and APC are distinguishable.

It is worth noting that in the case of INEC; President Tinubu; Senator Shettima and APC did not appeal against the dismissal of their objection on the competence of Peter Obi's Petition by the PEPT to the Supreme Court.

Therefore since there was no appeal against that decision by the PEPT, it stands in law.

However, it is instructive that the PEPT is also a panel of the Court of Appeal, Abuja.

The judgment in Kabir Yusuf & NNPP was also delivered by another panel of the Court of Appeal Abuja.

Is there any conflict between the judgment of the PEPT on one hand; and the judgment of the Court of Appeal in Kabir Yusuf & NNPP against APC?

I do not think so.
The judgment of the PEPT in Peter Obi & Labour Party against INEC, President Tinubu, Senator Shettima, and APC was premised on the interpretation of section 77 (3) of the Electoral Act,2022.

The import of section 77 (3) of the Electoral Act on the main is that a political party must transmit to INEC the register of its membership 30 days before holding its convention or congress to nominate its candidates for the general election.

Conversely, the judgment of the Court of Appeal in Kabir Yusuf & NNPP against APC is anchored on the interpretation of sections 177 and 182 of the Constitution,1999 (as amended) which provides that a candidate for governorship election must be a member of a political party that sponsors his elections.

@ Okoi Obono-Obla

Obi membership case was anchored on section 77 of the electoral act as well as section 134 while that of Kano and even plateau was on section 177 of the constitution

If it was APC that were found in same situation,the court would have interpreted it differently.

But however, I still can't fathom the reason why a political party that is gunning for a very serious contest as Governorship election will fail to screen all the relevant sections of the law before embarking on such serious mission. Were they thinking that they could never win or what? Knowing fully well that even if you win, you can be removed by the court once the looser exploits that loopholes.

I see that as foolishness

Pierocash:
[s]If it was APC that were found in same situation,the court would have interpreted it differently.[/s]

But however, I still can't fathom the reason why a political party that is gunning for a very serious contest as Governorship election will fail to screen all the relevant sections of the law before embarking on such serious mission. Were they thinking that they could never win or what? Knowing fully well that even if you win, you can be removed by the court once the looser exploits that loopholes.

I see that as foolishness

I agree

Ok

You go explain tire, base on the previous judgments unless NNPP denied sponsoring Abba GIda Gida as their candidate, there is no known law that can remove him.

Tinubu has finished us as a country

Peter Obi!

Peter The Rock 🤘

Na so.
Explanation

foolishness of the highest order who’s to be blamed for this if not for the useless INEC. You people are just doing different constitutions for yourself. How come he was on the ballot before the general election, who’s id going down this uselessness.


One of the controlling tools politicians use to control us is hunger, don’t say much it’s a deliberate attempts to keep us on toes and shut the Bleep off. Now I found a way to use that same tools against them. Cos I wonder why border is still closed to us while they monopolize the importations themselves, using forex to scams themselves not us. Lol tho that’s a win win for us tho.
I have my plans ready, very soon I will show you all, am getting my facts figures and capital ready for now.
ONE SINGLE WAY to win these people is to become a farmer. Lol it’s funny right ? You will all learn the hard way, if you can’t decode why I said we all complaining now, needs to become a farmer of any thing you can plant.

60 millions Nigerians complaining now, should all shut their TVs off for now, get at least a half plot of land, plant cassava, or yam, then pepper and corn on the same parcel, then come back and continue your criticism or grievances to whatever party. Do these monthly if possible, it won’t even take 3days to do it alone without assistance.

Government can’t beat us if we are feeding well without stress, let me give you another bonus, we can also export and make money in dollars, you don’t understand, whatever you plant on that half of land, in just 3days, can buy you a car, if you paid in dollars, with politicians been stupid with the economy, e go just be our gain.

I just decode why they will never hear our pleas, let me give you an hint, you see anytime they swearing them in, there is another room they take these politicians in, where they cut off their both ears, they will never hear our plea.
As I was saying, find a way to feed yourself and your family, politicians can stop what you plant from germinating, the economy is not needed. Just a land, what to plant and man power. This is not an information to be kept to my self, Agricultural produces alone can make us the biggest economy in the world, with our land mass, while they (the politicians) keep siphoning the little stipends they see from oil. You need government to extract crude, you don’t need them to plant.
Me myself I’ve not started, but I will come back and show you all result. Oooh! Let’s I forget, I can crash the prices of garri and rice, in just 24months both back to 10k per bag. Looool am not joking, in 3mins, i will explain it to you, and you will agree. Israel only plants on rocks, they don’t have lands to plant, but they have one of the biggest tomatoes and fruits. But here we dey use land do sambisa for here.

Anyway shall know you can’t fight these politicians, circle is so wide and filthy to join. You can’t beat them not even a revolution when half the country is hungry. Who wan shout.

We can even monopolize the farm produces to ourselves if we want, so for them to keep controlling us, means they need to crack down agriculture investment by investing in it themselves. What politicians can’t do to keep the poor on toes, I never see. Let make this people, let everyone start planting, start by getting your immediate families what to feed on, then from there move to your localities.

See I can’t explain it all, if you have money, btw 2-5m you can make agriculture your bussines model, stuffs and simple without stress but don’t go into live stock farming for now, for starters just base on cassava only.

Nigerian Judge have Different interpretation of a particular case for Different political parties... expecially to favor the ruling party😂😂😂

Fact 🔥

I see

Hmm... Una must talk something

There will always be difference based on his own happening

They perpetrate evil and then use long write up like this to justify it!

How a candidate was nominated is really immaterial after the general election has taken place

The main issue the court of appeal ought to determine is WHO SCORED THE HIGHEST NUMBER OF VOTES ON THE GENERAL ELECTION DAY?

The whole essence of election is for the person with the support of the highest number of people to be elected and the courts should not pretend not to know this

It's the Law of the Jungle... Survival of the Fittest.

Survive or Die

englishmart:
The PEPT's judgement was to test the waters
They wanted to know how patient we could be. Having found that Nigerians are bunch of garrulous online warriors who do nothing but whine.
We have failed our forefathers who were brave enough to attain the highest echelon of leadership in their 30's.
Youths of these days are more interested in tribes that they didn't choose rather than a nation that will work for all of us.
No sane citizen anywhere in the world will be silent in the face of fragrant rape of democracy and common sense.

Sonwo Olu revealed he spent 200 million naira on his legal battle with GRV. State money o. Nobody is sayijg anything.

We're not ready for a country that works.

Same bla bla bla

Which una patients?
When supreme court pronounced your Pandora fraud the winner of Anambra Govship election years ago, the court didn't try una patients?
When same supreme court reinstated your Pandora fraud after he was illegally removed, the court didn't try una patients.
Hypocrite na una middle name.

Ambitious21:
Fact 🔥

but haters must hate

from the certificate forger

manutdrichie:


You go explain tire, base on the previous judgments unless NNPP denied sponsoring Abba GIda Gida as their candidate, there is no known law that can remove him.

Tinubu has finished us as a country

You are very correct 👌

No need for the explanation APC have it all.
Money speaks in our judiciary system and bushit works.
Nigeria will be great again.
God will help us all.