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Some Quick Thoughts on Kano Governorship Election Tribunal Judgement

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By  Rabiu Gama

 

 

 

 

 

I had the (dis)pleasure of reading the full judgement of the Kano State Governorship Election Petition Tribunal last night which was delivered last Wednesday via Zoom. Here are my humble thoughts on it.

 

By the way, I am writing this under the safe assumption that anyone that is reading this is quite familiar with the story behind the judgement. Nonetheless, clarity is important. So, for sake of clarity let me quickly state that APC is the Petitioner in this case, while INEC, Abba Kabir Yusuf (AKY) and NNPP are the First, Second and Third Respondents respectively. Nasiru Yusuf Gawuna, APC’s candidate, was not a party in the suit. The Tribunal, relying on the provision of Section 133 (1) of the Electoral Act, 2022, and some judicial authorities, held, correctly in my opinion, that Gawuna must not be a party before the Tribunal.

 

As I see it, NNPP’s and AKY’s lawyers did a bad job. INEC’s lawyers did worse though: INEC’s legal team failed miserably to prove that the election was conducted in compliance with the provisions of Electoral Act, 2022, (the burden or onus of proof was on them in that regard) as alleged by the Petitioner (the APC). The First Respondent, i.e., INEC, made a terrible and costly mistake for relying lazily on the weaknesses of the Petitioner’s case. The cost of not doing the right thing at the right time is always high!

Since the outcome of an appeal largely, if not completely so, hinges on the proceedings of the lower court (the Tribunal in this case) then, it is my humble opinion that NNPP’s (AKY’s) chances of winning at the Court of Appeal might not be as promising as many hope it to be. It shocked me that NNPP’s lawyers could not even establish that Abba AKY was a legitimate member of the party when he contested the 18th of March Governorship Election. The Tribunal was benevolent enough to point out some ways that they could have followed to establish it, but they couldn’t.

 

I, however, failed to grasp or discern why the Tribunal refused to apply “the principle of margin of lead” when it went ahead to declare that APC’s candidate, Nasiru Gawuna, as the winner of the election even though it had already found and in no uncertain terms admitted that the number of cancellations were in hundreds of thousands while its final finding showed Nasiru Gawuna was leading with tens of thousands only. The Tribunal, in my humble opinion, should have ordered for a re-run: based on that finding the election was supposed to be declared “inconclusive”.

 

The Tribunal also seems to have disregarded the provision of Section 63(2) of the Electoral Act, 2022 when it invalidated over 165,000 votes that were cast in favor of NNPP/AKY for the reason that the ballot papers were neither signed nor stamped, in other word, the ballot papers did not carry the official mark that was prescribed by the commission (INEC). The said provision of the Electoral Act is to the effect that even if a ballot paper is not signed or stamped the Presiding Office of the concerned Polling Unit can go ahead to count the ballot paper as valid.

 

All in all, I find some of the reasonings and conclusions of the Tribunal, based on what was laid before it, legally sound. But the Tribunal’s  failure to apply “the principle of margin of lead” as well as its apparent disregard to to the provision of Section 63(2) of the Electoral Act, 2022, do not sit well with me.

 

Even though it is trite that nobody knows, for sure, what a court of law will do, I will still strongly advise that AKY’s supporters (of which I am not ashamed to admit I am one) should manage their hopes regarding the chances of success in the Court of Appeal. This is because the odds seem frighteningly balanced. The scale might tilt in favor of any side.

 

The right thing to do right now is to pray for a “legal miracle” – whatever that means. Some miracle might happen, hopefully in the Court of Appeal as the Supreme Court rarely tempers with the concurrent findings of the lower courts (the Tribunal and the Court of Appeal) unless those findings are glaringly perverse or have occasioned a miscarriage of justice.

 

 

Rabiu Gama is Law student. He writes from the Faculty of Law Bayero University, Kano. He can be reached 09061912994 or on rabiuinuwagama@gmail.com

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Opinion

President Tinubu: Stunts of the Salesman

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By Abdulaziz Abdulaziz

 

It was pin drop silence. All heads turned to his side of the hall listening as the man gently, but firmly, made a case for his country to this crème de la crème of the Saudi Arabian economic bureaucracy and business community. He grabbed attention with an off the cuff speech that exuded confidence, authority, assurance and truthfulness. It was a little wonder his audience followed through and nodded all through!

The setting was the Saudi-Nigeria Business Summit and the speaker was President Bola Ahmed Tinubu. It was a forum held on the sidelines of the recent Saudi-Africa Summit held in Riyadh, the capital of Saudi Arabia.

President Tinubu went into the meeting hall at the JW Marriot Hotel in upscale Riyadh as the President of Nigeria. By the time he picked the microphone he quickly wore the garb of a chief salesman for a product he is excited to market.

It was an effortless exercise in sophisticated arts of marketing and advocacy. It was a presentation from the heart that was as unpretentious as it was unscripted. He spurned out the facts and the figures, reeled out the justifications and tickled the boardroom chiefs where it mattered without appearing weak or pitiable. It was a classic case of economic diplomacy and salesmanship at the highest level.

Since the beginning of his campaign for office, one of the most frequent words on his lips has been “prosperity”. President Tinubu is a prosperous man. His life is tinged with footsteps of prosperity, from the corporate world where he was a successful businessman to the prosperous political career that was capped with his election to the highest office in the land.

It had not always been rosy for him. He had told his story again and again to motivate the younger generation and inspire the country. He had toiled to reach the top. He knew the pains of want and starvation, and the sweetness that comes with economic liberation and prosperity. It is the latter that President Tinubu is desperately working to see that all Nigerians have tested.

He had the lifelong ambition to lead his fatherland. He has fulfilled this ambition. He could, if he chooses, stay back and enjoy the pecks that come with it and pass the time in office. But because the ambition was not a vain one, President Tinubu is up and doing. “I campaigned for it. I begged for the job. I even danced to get elected. There is no excuse!” That is his mindset and the philosophy of leadership for him, and it is for this mindset that he is willing to go to any length to ensure that he bequeath to Nigerians a prosperous country that everyone desires.

It was in his quest for this objective that the President chose to use his time in Riyadh to address the country’s top boardroom chiefs. It turned out to be not just another meeting or a boring address from just another President. It was dazzling interaction that stole the minds of almost everyone in the room, by their own admission.

“We came with high expectations but you have exceeded them,” said the Saudi minister of investment, Khalid Al Falih, who moderated the three-hour session, after the rousing applause that greeted President Tinubu’s address to the Saudi business community. The minister had in his welcome address spoke about how they had followed President Tinubu’s campaign promises and how he started off with the “boldest economic reform agenda in decades” for Nigeria, likening it to happenings in Saudi Arabia.

Mohammed Abunayyan, Chairman of Saudi’s ACWA Power confessed to being “inspired and motivated” by the President promising to see how his company can make foray into Nigeria. In the same vein, Abdulrahman Alfaqiq, the CEO of Saudi oil trading company, SABIC, promised to upscale their business relationship with Nigeria due to the assurances he got from the top. They were just a few of the many who spoke in glowing terms about the President and in optimistic sense of the new business environment being created by President Tinubu for domestic and international investors.

This was not the first time and certainly not the last. In September, the President’s participation at the G20 Summit in New Delhi, India, was a potpourri of achievements. He maximally used the time to network with the right people and seek out investments for Nigeria.

It was, in every sense, a bumper harvest for the country as the President came back with a basket full of goodies amounting to billions of dollars in investment pledges. Most of the commitments are in areas dear to the heart of the President and at centre of our quest for development. These include the $3 billion promised by Jindal Steels for iron ore processing to aid Nigeria’s drive for industrialization, Skippersells’ plan to invest $1.6 billion in the power sector by building 2000MW power plants across the country in 4 years, Indorama’s pledge for $8 billion expansion of their petrochemical facilities in Rivers State, a billion

dollars secured by the Defence Industry Corporation Of Nigeria (DICON),
among others.

The President’s last trip to Germany for the G20 Compact with Africa Summit also garnered as much fruits with the signing of the $500 million gas and renewable energy pact with the German government, among others.

As a young man, President Bola Ahmed Tinubu was trained as an accountant. He was a very good student, his records show, who finished from the Chigaco State University with flying colours. In the aftermath, he pursued strings of career opportunities in Accounting and Auditing. He left his job on his own volition and ventured into politics. But in his new job President Tinubu is demonstrating that beyond his training in Accountancy, as omo iyaloja he has imbibed not a few skills from his revered mother and notable businesswoman to apply in his bid to market Nigeria to investors and the larger international community.

 

Abdulaziz is Senior Special Assistant to the President on Print Media. He’s on X @AbdulFagge

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Opinion

MTN Scholarships: Transforming Lives of Nigerian Students

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Abdurrashid Hussain

In the corridors of Bayero University, Kano, two exceptional students from the Department of Chemical Engineering, Abdussalam Ojoshobo Adejo and Obeyemi Adebiyi, are shining examples of the transformative power of the MTN Scholarships.

Initiated by the MTN Foundation, these scholarships, have become a beacon of hope and opportunity for Bling students and those pursuing Science, Technology, Engineering, and Mathematics (STEM) courses across Nigerian universities, polytechnic and colleges of education.

MTN set up the Foundation in 2004, and commenced operation in 2005, with the goal to provides platforms and opportunities for their scholars to connect to their aspirations and realise their potential from which the nation will benefit.

MTN made it a point of duty to have youth development as a pillar for the Foundation, and one of the ways to express the commitment is through scholarship.

The Foundation Executive Secretary, Odunayo Sanya said “Till date we have given about 12,700 scholarships, expended the sum of N3 billion for indigent students who are science-based in the last ten years.”

Telling the success story, Abdussalam Adejo, currently in his fourth year of study, hails from Kogi State. His journey with the MTN scholarship began as a dream nurtured during his secondary school days.

Witnessing a senior student receive the prestigious scholarship at the Federal University Minna, Niger State, fueled Abdussalam’s determination to strive for academic excellence and secure the coveted award.

After completing his second year at the university, Abdussalam navigated the rigorous application process, ensuring he met the required Cumulative Grade Point Average (CGPA) threshold of 3.5.

The competition, as he describes it, is fierce, with an estimated three thousand or more applicants annually from various institutions nationwide.

“Despite the competitiveness, I was lucky to be among the less than five hundred selected applicants,” Abdussalam adds.

Abdussalam’s dedication paid off, earning him a spot among the select few who received the scholarship in 2022.

“The offer comes with a payment of two hundred thousand Naira every semester from the year of award till your final year, and for you to renew that scholarship, it’s not an automatic payment; you have to maintain a certain CGPA of 3.5 above for the subsequent levels,” says Abdussalam.

Additionally, MTN sponsors specific courses, offering opportunities for students to enhance their skill sets without financial constraints.

“Some of those courses that we have taken open my eyes. I participated in an Internet of Things, I also took a course on cybersecurity, I took a course on soft skills development.

Basically, it has really contributed positively to my life, and I am happy to say that there has been a lot of improvement after the scholarship,” Abdussalam emphasizes.

Reflecting on the impact of the scholarship, Abdussalam attests to its life-changing nature. Financial burdens were alleviated, allowing him to focus on his academic pursuits and excel in his studies.

The scholarship served as a catalyst for personal growth, eliminating the need to seek financial support from his parents.

“Once you remove financial challenges from students, fifty percent of his problem has been taken care of,” Abdussalam states.

“It has been 80 to 90 percent motivation to my life both in academic and career growth,” he concludes.

He extends a heartfelt thank you to MTN for bringing smiles to the lives of students through the foundation’s commitment to education.

“I am happy to say that there has been a lot of improvement after the scholarship. I am grateful to MTN for putting smiles on the faces of students through the scholarship from MTN foundation.”

Obeyemi Adebiyi, another beneficiary from the Department of Chemical Engineering at Bayero University, shares a similar sentiment.

Originating from Osun State and residing in Jigawa, Obeyemi echoes the narrative of how the MTN scholarship has profoundly influenced his life.

“Actually, having the scholarship and been expose to the opportunities that has come with the scholarship, because for you to even renew your scholarship there is skills you need to obtain which you need to submit result of that skill, may be you take programming course you need to submit the certificate like at least two, which is part of the requirement.” Obeyemi stated.

“Now gaskiya, I am energise after the scholarship, I feel like sky is my limit, because I don’t have that monetary worry that will limit some of the I can do, it has been a life changing experience after the scholarship, I am super charge.” He emphasizes.

The MTN Foundation Scholarships continue to serve as catalysts for academic excellence, breaking barriers and fostering a brighter future for BLIND and STEM students in Nigeria.

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Opinion

Tinubu and Ganduje Shouldn’t Play with Fire in Kano

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By Farooq A. Kperogi

In a predictable, premeditated, and carefully choreographed judicial charade, the Court of Appeal on Friday upheld the verdict of the Kano State Governorship Election Petition Tribunal that reversed the electoral triumph of NNPP’s Governor Abba Yusuf of Kano State. I sincerely hope this assault on justice isn’t the spark that ignites an inferno in Kano—and in the country.

The signs had been evident since early October that a predetermination had been made that irrespective of the facts, the flawed, preplanned judgment of the election petition tribunal must be preserved at all costs.

For example, on October 6, the Head of the Legal Department of INEC in Kano State by the name of Suleiman Alkali wrote a curious letter stating that INEC, which had declared NNP’s Yusuf as the validly elected winner of the governorship election in Kano, was no longer interested in defending its declaration.

“I have been instructed by the commission headquarters that INEC as an umpire has no reason to appeal any judgment,” he wrote. “Consequently, the National Commission in charge of Legal Services and National Commissioner in charge of Kano zone directed that the appeal be withdrawn and all processes for all appeals should be forwarded to the Kano Office.”

In response to the jolt and outrage that the letter generated, Sam Olumekun, INEC’s National Commissioner and chairman of its Information and Voter Education Committee, said Alkali wasn’t authorized to write the letter, pointing out that the letter had “since been withdrawn and the officer reprimanded.” We weren’t told the nature of the “reprimand” because it was a lie.

That was exactly what played out when INEC acted in cahoots with Ahmed Lawan to steal APC’s Bashir Machina’s Yobe North Senatorial District primary win, which the Supreme Court affirmed in a shameless show of what I called judicial banditry.

(Retired Justice Musa Dattijo Muhammed quoted his colleague’s quotation of my abrasive censure of the Supreme Court in his parting shots at his colleagues even though he and his colleague didn’t give me credit— and slightly misquoted me. I said in a February 6 article titled “Lawan and Supreme Court of Shameless Judicial Bandits” that “Nigeria’s Supreme Court is, without a doubt, a rotten gaggle of useless, purchasable judicial bandits. The highest bidder gets their judgement.” Dattijo used “voter” where I used “rotten.”)

Anyway, on September 5, 2022, an INEC lawyer by the name of Onyechi Ikpeazu, SAN, had filed an affidavit at the Federal High Court to discredit the result of its own election that had declared Machina as the winner of the Yobe North APC senatorial primary election.

In the aftermath of the shock and fury that attended this, Festus Okoye, at the time INEC’s National Commissioner and chairman of its Information and Voter Education Committee Festus, repudiated Ikpeazu’s affidavit and said, “the Commission will review its quality assurance protocols, including the preview by appropriate ranking Officials of all processes filed on its behalf to ascertain their correctness in all material particulars with all reports and all information at its disposal before their presentation so that a situation like this is not repeated.”

Well, that situation was repeated in Kano in October this year, almost exactly a year later. It seems to be a well-practiced pattern. INEC first flies a kite, sees how high it flies, then crashes it. But the whole point is to prepare the minds of the public for what is being hatched so as to minimize its shock value when it finally materializes.

If the outcome of the Ahmed Lawan and Bashir Machina case is any guide, it means INEC is deeply complicit in Ganduje’s chicanery and plot to steal Yusuf’s governorship. It might also mean that the “judicial bandits” I talked about at the Supreme Court are waiting in the wings to feast on another stolen electoral dinner. I hope I am wrong.

The second indication that this appeal court judgment was a well-rehearsed theater came when the appeal court completed its deliberations on November 6 but deferred its judgment until November 17 and then requested that security be heightened in Kano in anticipation of the publicizing of its judgement. Only people in a dry run for the abortion of justice ask for anticipatory protection from their potential victims.

As I pointed out in my September 23, 2023, column titled “Why the Kano Verdict Can’t Stand,” it is apparent that former Kano State governor and current APC national chairman Abdullahi Ganduje has resolved to damn all consequences and use the federal might at his disposal to wrest the power that his party and his flunkey lost to Rabiu Kwankwaso and his son-in-law in the governorship election.

“APC appears intent to get back through judicial manipulation what it lost through the ballot box,” I wrote. “It’s a higher-order, more sophisticated, and less primitive version of the broad-day electoral heist they perpetrated in 2019 after former Governor Abdullahi ‘Gandollar’ Ganduje lost to the same Abba Yusuf.”

In a defiant disregard for potentially untoward consequences, Ganduje—of course, with President Bola Ahmed Tinubu’s blessing—has decided to pull all strings to snatch judicial victory from the jaws of electoral defeat.

As I will show shortly, both the election tribunal and the appeal court are not even pretending to be fair in their judgments. They have already been handed a verdict and mandated to fish for evidence to justify it. The verdict, of course, is that NNPP’s Abba Yusuf must go and must be replaced by APC’s Nasiru Gawuna.

In rhetorical studies, we call that finalism, that is, a conclusion in search of evidence. Psychologists call it “motivated reasoning,” that is, tendentious interpretation intentionally designed to produce a predetermined outcome. Philosophers call that armchair hermeneutics, that is, reasoning that ignores the evidence.

The Daily Trust reported Justice Moore A. Adumein as predicating the nullification of Yusuf’s victory on the fact of his not being a member of the NNPP when he was nominated by the party. “As rightfully found, Yusuf Abba was not a member of the NNPP at the time he was purportedly sponsored by his party and he was not qualified to contest the March Governorship Election,” Justice Adumein reportedly said.

Yet, in quashing the election of APC’s House of Representatives member Musa Iliyasu Kwankwaso and reinstating NNPP’s Yusuf Umar Datti as the validly elected member to represent Kano’s Kura/Madobi/Garun Malam Federal Constituency seat, the same appeal court said two weeks ago that “the issue of membership of a political party is an internal affair, which no court has jurisdiction on,” according to the LEADERSHIP newspaper.

I had thought that this was settled law. As I wrote in a previous column, “A May 26 Supreme Court ruling also says rival parties have no right to question the validity of the internal decisions made by other parties unless they can prove that they suffered demonstrable harm as a result of the internal decisions another party took. So, the Kano governorship election tribunal’s verdict on this issue will be as dead as a dodo upon appeal.”

The question now is, why is NNPP’s Yusuf being held to a different standard? I get that Kwankwaso and Yusuf didn’t handle their victory well. Instead of being happy, their victory roused destructive vengeance and mean-spiritedness in them. But that’s no reason to steal their legitimately earned victory.

I am certain that NNPP will take this case to the Supreme Court. If the Supreme Court is guided by its precedents, which is never guaranteed, I have no doubt that it will invalidate the judgements of the lower courts.

But this is clearly not a legal issue. It’s a battle for political supremacy in Kano between Ganduje and Kwankwaso in which Ganduje is deploying the courts as cudgels to fustigate Kwankwaso.

My advice for President Tinubu is to be very watchful because this is really treacherous territory. Righteous anger over obvious injustice—on top of ongoing existential torment in the country—can spark violence whose consequence we can’t predict.

Farooq A. Kperogi is a Professor of journalism and emerging media at Kennesaw State University, U.S.A

This article was first published on his Facebook page. 

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