The All Progressive Congress (APC) has filed a cross-appeal at the Supreme Court to challenge the judgement of the Court of Appeal that refused to disqualify the governor of Kano State, Abba Yusuf, from contesting the election over alleged certificate forgery.
The cross-appeal, which was filed by the APC lawyer, Akin Olujinmi, on Wednesday, stated two grounds for challenging the verdict of the lower court.
Olujinmi argued that the Court of Appeal erred in law when it held that the Form EC9 exhibit submitted by Yusuf did not qualify as a certificate under Section 182(1)(j) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“Now whether or not the 2nd Cross Respondent’s Form EC9 exhibit qualifies as a certificate under Section 182 [j] of the Constitution of the Federal Republic of Nigeria, 1999 [as amended] isn’t of any utilitarian benefit or value to the cross-appellant,”
He also argued that the Court of Appeal erred in law when it failed to consider the issue of non-qualification of Yusuf to contest the election in dispute.
“Contrary to the holding of the lower court, a decision on it goes to the issue on non-qualification of the 2nd cross-respondent to contest the election in dispute in this appeal.”
The APC, therefore, sought an order from the Supreme Court to allow the cross-appeal and set aside the judgement of the Court of Appeal.
It would be recalled that the Court of Appeal had earlier upheld the decision of the Kano State Governorship Election Petition Tribunal that declared APC’s Nasiru Gawuna as the winner of the March 18 gubernatorial election in Kano.
However, the Court of Appeal partly reversed its decision in the certified true copy of the judgement released four days later.