Opinion
Some Quick Thoughts on Kano Governorship Election Tribunal Judgement
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
Bello Sani Galadanchi
The eight- year rule of President Ibrahim Babangida went through a tough terrain of turmoils and uncertainties capable of derailing the country but always took decisive steps to restore peace and order. It was a leadership shaped not only to direct Nigerian affairs but also guide the West African sub- region and Africa as a whole.
These were some of the motives behind the creation of the ECOWAS Monitoring Group ( ECOMOG) that successfully brought lasting peace to the sister states of Sierra Leone and Liberia. The government firmly believed in laying the foundation of stability, promoting regional integration and economic reforms throughout the continent.
The former Chief of Defence Intelligence, Retired Brigadier-General Halliru Akilu made these disclosures while contributing to a Virtual International Colloquium on the Legacies of President Ibrahim Badamasi Babangida in Ghana on Saturday.
Organized by the Africa Islamic Education Forum, the event attracted eminent participants including former Presidents and Heads of State, political leaders, the academia and researchers from across the continent.
On security generally, General Akilu advised leaders in the sub region to take a closer examination of the IBB reforms in the sector which resulted in the splitting of the defunct Nigerian Security Organization( NSO) into three new security outfits namely the Defence Intelligence Agency( DIA), the National Intelligence Agency ( NIA) and the Department of State Services( DSS).
He emphasized that with the current spate of banditry, kidnappings and general insecurity in the region, now was the time for leaders to replicate the ECOMOG model enunciated by the Babangida government to restore peace and economic freedom.
On human development, General Akilu told participants that IBB deeply connected with the people he served, citing the founding of the famous Better Life for Rural Dwellers by his late wife, Hajiya Maryam Babangida; and the establishment of the Directorate of Food, Roads and Rural Infrastructure ( DFFRI) which littered the national space with roads, water, health and other essential amenities for the benefit of the rural populace.
A member of the Board of Trustees of the Arewa Consultative Forum, General Akilu profoundly thanked the former Mauritius President for her kind compliments on General Babangida and the legacies he put in place.
He said the participation of President Ameenah and other contributors had gone a long way to further enlighten the world about the IBB government’s accomplishments.
The former Director of Military Intelligence described the holding of the Colloquium as an honour to President Babangida and the people of Nigeria.
In her keynote address earlier, the former Mauritius President, Dr Bibi Ameenah Firdaus Gurib- Fakim noted that the IBB era was a period of giant reforms and the intensification of Infrastructure building.
She hailed the establishment of the two political parties, SDP and NRC during the regime, saying it was a good move to foster lasting democracy.
Dr Ameenah advised West African heads of government to emulate the resilience IBB had shown during ECMOG operations, stressing that there was serious need to rejuvenate security of the region in all ramifications.
The daughter of General Babangida, Hajiya Aishatu Babangida expressed gratitude to the former Mauritius President and other speakers, saying that the forum was a great honour to the family of the former Nigerian leader.
Hajiya Aishatu who had taken over as head of the Better Life Project after the demise of her mother, reaffirmed her resolve to execute with rigour all the key objectives of the programme through massive empowerment of local communities.
Bello Sani Galadanchi,
Publicity Secretary,
Arewa Consultative Forum, ACF,
Kano State Chapter.
Imam Murtadha Gusau
In the Name of Allah, the Most Beneficent, the Ever Merciful
All praises and thanks be to Allah, and peace and salutations be upon the Messenger of Allah, his noble household, his companions and all those who follow him with excellence till the Day of Judgement.
Dear brothers and sisters! Tolerance in Islam, is not a mere fairytale phrase, but true and sincere Muslims live it in reality. Islam urges us to be tolerant and forgive others. This is indicated in both the Qur’an and the Sunnah.
One of the features of Islam indeed is that it is the religion of mercy. By the same token the Muslim should be easy going, not one who puts others off; he should forgive when he is able to take revenge and be tolerant when people make mistakes. Tolerance and patience are traits of the soul of every Muslim, a part of his belief in the religion of Islam, acknowledging the unparallel sovereignty of our one and only true creator, Allah.
Once when the Prophet Muhammad (Peace be upon him) was asked, “What is Iman?” he (Peace be upon him) replied:
“Iman (faith) is patience and tolerance.” [See Al-Silsilah Al-Sahihah, Hadith no. 554]
Respected brothers and sisters! Know that Islam may tolerate anything, but it teaches zero tolerance for injustice, oppression, and violation of the rights of Our One and only Creator (Allah) and that of other human beings. Tolerance is a basic principle of Islam. It is a religious moral duty. It does not mean “concession, condescension or indulgence.” It does not mean lack of principles, or lack of seriousness about one’s principles. Sometimes it is said, “people are tolerant of things that they do not care about.”
But this is not the case in Islam. Tolerance according to Islam does not mean that we believe that all religions are the same. It does not mean that we do not believe in the supremacy of Islam over other faiths and ideologies.
It does not mean that we do not convey the message of Islam to others and do not wish them to become Muslims. Remember, Tolerance toward falsehood is Intolerance.
Islam teaches tolerance on all levels: Individual, groups and states. It should be a political and legal requirement. Tolerance is the mechanism that upholds human rights, pluralism (including cultural pluralism), and the rule of law. There are many levels of tolerance:
1. Among family members — husband and wife, parents and children, siblings etc.
2. Tolerance among members of the community: Tolerance in views and opinions, tolerance among different schools of thought.
3. Tolerance between Muslims and the people of other faiths (interfaith relations, dialogue and cooperation).
When one looks into the life of the Prophet Muhammad (Peace be upon him), one may draw on many examples to portray the high level of tolerance shown to people of other faiths.
Allah bestowed upon him the best attitude and conduct, and the best way of dealing with people and situations, even though he was not literate and could neither read nor write. He grew up poor in an ignorant desert land, tending sheep, an orphan with neither father nor mother.
But Allah taught him all good characteristics and good ways, and taught him the stories of earlier and later generations, and that which brings success and salvation in the Hereafter and happiness in this world, and showed him the way to focus on one’s duties and keep away from inessentials.
The Prophet Muhammad (Peace be upon him) did not use to repay evil with evil; rather he would pardon and forgive. He got angry for the sake of his Lord but he did not get angry for his own sake. He would adhere to the truth even if that resulted in harm for himself or his companions.
It was narrated that Aisha (may Allah be pleased with her), the wife of Prophet Muhammad (Peace be upon him) said:
“The Messenger of Allah (Peace be upon him) was never given the choice between two things but he chose the easier of them, so long as it was not a sin. But if it was a sin he would be the furthest of the people from it.
And the Messenger of Allah (Peace be upon him) never took revenge for himself, unless the sacred limits of Allah were transgressed, then he would take revenge for the sake of Allah.” [Bukhari and Muslim]
The Prophet’s (Peace be upon him) tolerance, proves beyond doubt, the place of tolerance in Islam, for surely, the Prophet (Peace be upon him) did not do things which was not part of Islam.
The stories, examples and proofs of the magnificent tolerant nature of final Prophet (Peace be upon him) are too numerous to mention in detail here.
Let us take just one example in this sermon: The tribe of Quraish were archenemies of Islam and, for a period of 13 years while he was still in Makkah, they would rebuke the Prophet (Peace be upon him), taunt and mock him, beat him and abuse him, both physically and mentally. They placed the afterbirth of a camel on his back while he prayed, and they boycotted him and his tribe until the social sanctions became unbearable.
They plotted and attempted to kill him on more than one occasion, and when the Prophet (Peace be upon him) escaped to Madinah, they rallied the majority of the Arab tribes and waged many wars against him.
What was the reaction of Prophet Muhammad (Peace be upon him) toward his Makkan enemies when he entered Makkah and liberated it from idolatry and paganism?
In the wake of the Prophet’s (Peace be upon him) and the Muslim’s great victory and in the climax of their joy, rapture and happiness at coming back home to the Sacred City of Makkah – Prophet Muhammad (Peace be upon him) gathered together the Makkans, who were afraid that he would harm or kill them in revenge for their past abuse and killing of Muslims.
Prophet Muhammad (Peace be upon him) asked them:
“O, you people of Quraish! What do you think of the treatment that I am about to do with you?” They answered, “You are a generous brother and the son of an honourable brother of ours.” Then, the kind, tolerant, generous and merciful Prophet (Peace be upon him) forgave them, announcing: “No harm will come to you. You may go. You are free.” [Baihaqi, and also in Ar-Rahiq Al-Makhtum (The Sealed Nectar) page 467]
It has been narrated on the authority of Abdullah Bin Muti, who heard from his father and said:
“I heard the Prophet (Peace be upon him) say on the day of the Conquest of Makkah: “No Quraishite will be killed hound hand and foot from this day until the Day of Judgment.” [Muslim]
The Prophet (Peace be upon him) issued a general pardon to all its inhabitants, who were not only pagans but also those that had fought him for the longest time, and regarding whom many of those verses of fighting like (Qur’an, 9:5) had been revealed.
Dear servants of Allah! Rarely in the annals of history can we read such an instance of tolerance and forgiveness? This shows the real tolerant nature of Islam. Even after being tortured for years by those same Makkans and the Quraishite, the Prophet (Peace be upon him) forgave them.
In contrast, we have seen throughout history what atrocities various ‘super-power’ nations committed when they have unjustly attacked, invaded, and tortured others, throughout human history; And that too, just for the sake of this temporary world. And this continues, even today!
All praise is due to Allah, Lord of the worlds. May the peace, blessings and salutations of Allah be upon our noble Messenger, Muhammad (Peace be upon him), and upon his family, his Companions and his true followers.
Murtadha Muhammad Gusau is the Chief Imam of: Nagazi-Uvete Jumu’ah Mosque; and Late Alhaji Abdur-Rahman Okene Mosque, Okene, Kogi State, Nigeria. He can be reached via: gusauimam@gmail.com; or +2348038289761.
This Friday sermon (Jumu’ah Khutbah) was prepared for delivery today Friday, 18 Safar, 1446 AH (August 23, 2024).
By Abdulgafar Oladimeji
Kano state government, lawmakers , Kano born sports administrators, Kano state Football Association, KSFA , Kano Pillars fans club, the media , former players and regimented section of Kano football supporters constitute the hydra headed demon that is destroying Kano Pillars.
The like hydra headed demon destroying Kano Pillars is an twin semblance of the hydra headed demon in the Greek mythology, when one head is cut off, it is replace by two others.
Kano Pillars is the most fancied club side in the Nigeria Professional Football League, NPFL, no doubt.
Sai Masu Gida posses the potentials to excel to the level of the most successful football economy in Nigeria, ask those who know, they will affirm this assertion.
Since the club ‘s envious maiden continental glorious campaign , Pillars despite wining the country’s league title in an historic back to back famous achievement , it is now a shadow of it’s former self, it is always one day , one trouble for Kano Pillars.
If not for the hydra headed demons at work, why would Pillars continue to live and exit from the valley of failure at intervals.
The following demonic heads have possessed Kano Pillars and had defy various sports tricks, magic and left to suffer from the political trial and error methods been imposed on the club by the owners .
Kano state Government.
The owners of the club are the chief culprits behind the myriads of problem being suffered by the club.
The state government led and has continued to champion the mission of those scavengers that have succeeded in turning the club into a football carcass .
The club is confirmed to be registered with CAC as a Limited liability company.
The state government has refused to inject life into the club by not allowing it to comply with the laid procedures of cooperate governance.
Kano state government in the past nine years have continued to treat this precious asset with levity and non chalant attitude.
Kano state government in recent years is confused over how to manage the club, it resorted to converting the club into a dumping ground, for out of tune football administrators and former athletes cum politician, to thank them for being good party boys.
A then serving Kano lawmaker was widely reported in the media, citing the facilitation of the recruitment of an unamed player from his constituency, into the club as one of his well executed constituency projects.
CORRUPTION.
Another canker worm destroying Kano Pillars is corruption, government officials have and are allegedly conniving with those in the club system to steal from government coffers.
The lean resources been channeled to the club from the state government coffers, is now a victim of kill and divide.
There is a racketing in the sales of tickets, illicit players transfer deal s and misappropriation of the proceeds from such deals.
One of the mother of all corruptions in the club, is in the buying of equipment’s, how on earth will a club with the highest prospects in sports branding and merchandizing continue to budget and spend millions on the purchase of equipments, this submerges football business imaginations, in an sane clime.
The club is swimming in over inflated receipts from away trips.
Recruitment of players for the club is now a conduits pipe, recruitment process and contractual terms of coaches and the salaries of the players and other officials stinks.
SABOTAGE
Some section of Kano born sports administrators, since they are not in charge and their close allies are not in charge, invoke the heavens to fall on the club.
Hatred and envy have continued to inspire some persons, who feel, it is either they are in charge or no one else is good enough , they don’t hide their hatred and vigorously continue to work against the interest of the club, these clique, whenever outside the management of Pillars will work hard and stop at nothing to sabotage the club , they care less to ruin the efforts of those in charge to pave way for their return to take charge directly or by proxy.
Kano Pillars is now a spoil of war, the winner takes all.
MEDIA.
The most abused, disjointed, ill equipped football media brand in Nigeria is Kano Pillars.
A good number of media practitioners in the city have suddenly turned football expert dishing out misguided, polluted and fetish concocted opinion polluting the air enveloping the club with toxic.
We need not get it wrong, Pillars is a darling club, it deserves all the mention, the worries here, is how some journalists have sold out by prostituting around the club.
Media practitioners around the club lack the courage to engage those assigned with the task of running the club, whenever the chip are down, those few who take bold step and have the courage to engage the club are branded as either white or blue enemies, by the self appointed vuvuzelas.
Some journalists have continued to fall over themselves to be in the good books of the club management or the state government to see how to satisfy their lust of seeing to their been enlisted into the club media crew, lacking the bravery to speak truth to sports authorities in the state.
Seekers want to become the Media Officer of Kano Pillars, even at the cost of ethics and self pride.
FANS CLUB
Kano Pillars fans club has failed to claim its economic, political and spiritual share holding in the club.
FORMER PLAYERS
A clique of former players see Kano Pillars as their birth right, nobody, no matter how good your capacity , you are not welcome, if you find your way to the club, you will be caught in their web, you can not operate without the blessings of these players, who will not hesistate to mobilize local forces against any perceived foe.
KANO STATE FOOTBALL ASSOCIATION
KSFA has failed in playing it supposed role as the football think tank in the state, KSFA is supposed to be the reservoir of Kano Pillars, herein today , that is not the case.
The state FA is always busy with the war with imaginary and real enemies of the game, seeing Kano Pillars as its greatest foe.
Kano Pillars does not and has continue to reject the superiority of the state FA over the club.
KSFA seem lost in understanding its powers over the affairs of Kano Pillars.
Today , Kano Pillars is assumed to be bigger than Kano FA, imagine a son becoming bigger than his paternal uncle , this undisputedly has created an unwarranted, unhealthy rivalry between the two Kano football super powers
This cold war between Kano FA and Kano Pillars has cost Pillars so much pains, those who know knows, what this is all about.
What bothers you is that Kano state government is the oga at the top over these two football giants, rather than call them to order, Kano state government officials past and present have continued to exploit the war to pursue their various nefarious agenda within the system.
WAY FORWARD
Kano state government must sit down and have a rethink, if possible contract independent minded football technocrat, locally and abroad, who will be willing to offer their services pro bono, they abound , because the club is well loved, they will be willing to offer their services for free.
Kano state government must decide on whether it wants a Kano Pillars that is a private, commercial or social club side.
The state government must proceed to give the club a disciplined and properly knitted system of governance to deliver on the set mission and vision behind the establishment of the club.
Appointment of all kinds of people into the club management in the name of political compensation to run the club must stop.
If the club is to be redirected towards been commercially driven, technocrats drawn from sports administration, hospitality industry , merchandizing, branding, sports media sectors must be drafted to govern the club
If the mission of the state government is to run the club as a social entity for the purposes of public relations, then appoint a board of five man that would be a mixture of politicians and sports digital technocrat not analog sports technocrat, then ensure adequate funding for the club to project the image of the government and also win laurels to make the people happy.
If Kano state government wants a Kano Pillars that is truly a limited liability company, it should contract football investment experts to help unbundle , then sell shares worth billions of naira to football happy Kano people and football investors from far and wide, who will be forever happy and grateful to own the smallest ownership portion of their darling club, the state government could also keep a good chunk of the ownership to itself.
Then the media, medical security units of Kano Pillars will go haywire.
The fans club will take their rightful place in the affairs of the club.
All loop holes presently demonizing the club will be beheaded and buried.
Pillars will proceed to be the role model club that it was destined to be, since its inception.
To they that have ears, let them hear.
Oladimeji is a sports writer with over two decades experience.
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