The Peoples Democratic Party (PDP) in Kano State nominated Mohammed Sani Abacha as their candidate for governor. On February 10, the Court of Appeal in Kano issued rulings nullifying their nominations.
Additionally, it is asked that the Supreme Court issue a directive for the Independent National Electoral Commission (INEC) to declare Abacha the legitimate PDP candidate in Kano for the next governorship election.
The eldest surviving son of the late Head of State, General Sani Abacha, Mohammed Abacha, included these claims in two notices of appeal he filed with the Supreme Court.
Abacha claimed in two notices of appeal filed by his attorney Dr. Reuben Atabo (SAN) that the Federal High Court in Kano erred in law when it overturned an earlier decision that recognized him as the legitimate PDP candidate in the state.
In his lawsuit filed at the Federal High Court in Kano, Abacha alleged that Sadiq Aminu Wali had been incorrectly replaced for him as the winner of the only PDP governorship primary that had been held in Kano State.
The verdict was contested by Wali and the PDP in separate challenges before the Court of Appeal, Kano. On December 22, 2023, Judge Abdullahi Liman of the Federal High Court, Kano ruled in Abacha’s favor and ordered INEC to recognize him as the PDP governorship candidate in Kano State.
Abacha has now appealed the Court of Appeal’s ruling to the Supreme Court after it overturned the decision of the Federal High Court in its judgements on both appeals on February 10 of this year and determined, among other things, that Wali was the legitimate candidate.
Abacha requests that the Supreme Court reverse the decision of the Court of Appeal and uphold the ruling of the Federal High Court in equal measure in his two notices of appeal, each of which contains 31 grounds.
Abacha argued that the appellate court erred when it held that the trial court lacked jurisdiction to have entertained this suit and that he lacked locus standi to have instituted the case because he was not an aspirant in the 17-ground notice of appeal relating to the Appeal Court judgment in the appeal by the PDP.
Contrary to the incorrect stance taken by the Court of Appeal, Abacha claimed that he participated in the PDP primary election that was monitored by INEC in accordance with Section 84(1) of the Electoral Act, Paragraph 15(c) of Part 1 of the 3rd Schedule to the Constitution, and the Supreme Court’s ruling in the Sylva v. PDP case.
The candidate who received the most votes at the primary election that was run by the first respondent (PDP) and overseen and controlled by the second respondent, he continued, was him (INEC).
“The appellant (Abacha), who won the primary election, was mistakenly replaced with the name of the third respondent (Wali), who received no votes in the primary election.”
The Court of Appeal’s conclusion that Wali did not vote in the primary election that was held on May 25, 2022, at No. 5A Lugard Avenue, Kano—a primary that he (Abacha) won—was also criticized by the appellant.
Contrary to the approach taken by the Court of Appeal, Abacha claimed, there was documentation evidence given to the trial court showing that Wali truly took part in the primary.
“The first respondent at the lower court did not question the findings of fact reached by the trial court in respect of the participation of the third respondent in the first respondent’s primary conducted on May 25, 2022 at No: 5A Lugard Avenue, Kano,” he added.
When they determined that Abacha wasn’t a candidate in the primary that gave birth to Wali, the Justices of the Court of Appeal, Abacha claimed, they committed a legal error.
He argued that, in contrast to the appellate court’s stance, the primary that produced Wali and was held in the Sani Abacha Youth Center in Kano was unlawful because it wasn’t carried out in compliance with the laws that applied.
The National Working Committee of the PDP sanctioned and organized the primary, which was conducted at Lugard Avenue and in which he prevailed, according to documentary evidence presented by Abacha to the trial court, he said.
The 14-ground notice of appeal criticizing the Appeal Court’s ruling in Wali’s appeal criticized the appellate court for concluding that the Kano PDP State Executive Committee was in charge of the primary held on Lugard Avenue.
He pointed out that the trial court clearly determined that the primary held on Lugard Avenue was “sanctioned and organized by the National Working Committee” of the PDP, in contrast to the appellate court’s opinion.
Abacha further criticized the Justices of the Court of Appeal for declaring the Lugard Avenue primary election to be invalid.
This view, he claimed, runs counter to the trial court’s express conclusion that the NWC of the PDP approved and coordinated the primary election held on Lugard Avenue in accordance with the law.
