The Supreme Court has affirmed Abba Yusuf’s election as Governor of Kano State, overturning the decisions of both the Court of Appeal and the Governorship Election Petitions Tribunal, which had nullified the governor’s victory. Justice John Okoro, delivering the lead judgment, criticized the Court of Appeal for endorsing the tribunal’s decision that Yusuf did not secure the majority of lawful votes in the March 18, 2023 governorship election.

The apex court addressed two key issues in its determination: the appropriateness of the lower court deducting 165,616 votes from Yusuf’s total, and whether the lower court had jurisdiction over party membership matters.

Justice Okoro held that the tribunal erred in deducting the 165,616 votes from Yusuf’s tally, arguing that the Electoral Act’s Section 71, cited by the tribunal, was not applicable in this case. The Supreme Court, comprising a panel of five justices, reinstated the deducted votes, thereby confirming Yusuf’s victory in the governorship election.

Regarding the second issue, the Supreme Court faulted the Court of Appeal for asserting that Yusuf was not a member of the NNPP (Nigeria Elements Progressive Party) at the time of the election. Justice Okoro contended that matters of nomination and sponsorship are pre-election concerns and fall outside the court’s jurisdiction.

Justice Okoro noted that unlike the appellate court, the tribunal did not rule on Yusuf’s eligibility to contest the poll but rather emphasized his absence from the NNPP’s membership register submitted to INEC. Consequently, the apex court set aside the judgments of the two lower courts, deeming them perverse, and reinstated Abba Yusuf’s electoral triumph.