The Court of Appeal sitting in Abuja has sacked Musa Ilyasu Kwankwaso of the All Progressives Congress, APC, as a House of Representative member representing the Kura/Madobi/Garun Malam Federal Constituency, Kano State.
The Apex Court reinstated the New Nigeria Peoples Party, NNPP, candidate Yusuf Umar Datti.
The three-man panel led by Justice Tunde Oyebamiji Awotoye said the tribunal was wrong to have counted the date of the appellant’s resignation on the date of his party’s primary election.
The judge noted that Section 77 of the Electoral Act was misapplied. Hence, no court has the jurisdiction on the issue of membership of the party.
Recall that the National and State House of Assembly Election Petitions Tribunal sitting in Kano State had on September 10th, 2023, nullified the election of Umar Datti.
The tribunal, headed by Justice Flora Ngozi Azingbe, voided Umar Datti’s election over his failure to resign from his lecturing job at Bayero University, Kano, within 30 days before the election.
Justice Azingbe also held that Datti could not convince the tribunal that he was a member of the NNPP.
