In a significant turn of events, the Court of Appeal has overturned the judgment of the National and State Houses of Assembly Tribunal, which had earlier voided the election of Umar Mukhtari Zakari from the New Nigeria Peoples Party (NNPP) for Tarauni Federal Constituency in Kano State.
A three-member panel of the court, in a judgment delivered on Saturday in Abuja, supported the arguments presented by Zakari’s counsel, Mahmud Magaji (SAN), and the NNPP. They contended that the tribunal had erred in law in reaching its decision.
Justice Obande Ogbuinya, in the lead judgment, declared that the tribunal made a mistake in concluding that Zakari forged his credentials. The court emphasized that the petitioners failed to substantiate their claim in this regard.
Zakari, who was initially declared the winner of the February 25 election, faced a challenge from Ibrahim Hafiz Kawu of the All Progressives Congress (APC), who filed a petition on March 17, 2023. The petitioner alleged that Zakari forged the Housawa Special Primary School certificate presented to the Independent National Electoral Commission (INEC) because the name on it was listed as “Muktar Umar.”
The Court of Appeal, in its judgment, held that the respondents (petitioners at the tribunal) could not prove that Zakari was not the same person who attended the school and received the certificate. Consequently, the court set aside the tribunal’s judgment, allowed the appeal, and affirmed Zakari’s election victory.
In a related development, the Independent National Electoral Commission (INEC) issued a press release addressing media reports regarding its withdrawal from the ongoing Kano Governorship election petition case. The Commission clarified that the letter indicating withdrawal, authored by its Kano State office’s Legal Officer, was unauthorized and has been withdrawn. INEC emphasized that it remains committed to responding to cases where it is joined as a litigant, instructing its lawyers to proceed according to existing policies.
Sam Olumekun mni, the National Commissioner and Chairman of the Information and Voter Education Committee, issued the statement on Saturday, October 7, 2023. The Commission urged the public to disregard any insinuation that it has withdrawn from the case or abandoned the appeal.
