By Angela Amos
Kano State Governorship Kano Gov Election Tribunal Grants APC Access To Inspect BVAS Machine Petition Tribunal has granted leave to the All Progressives Congress (APC) in the State to access and inspect BVAS machine used by the Independent National Electoral Commission (INEC) during the March 18 election in the state.
APC had on April 9, filed a petition challenging INEC for declaring Abba Kabir-Yusuf of New Nigeria People’s Party (NNPP) winner of the March 18 governorship election in the state.
It could be recalled that the NNPP candidate polled 1,019,602 votes to defeat his rival, the immediate past Deputy Governor of the state, Dr Nasiru Gawuna, of APC, who scored 892,705 votes.
The three-man panel, led by Justice Oluyemi Akintan-Osadebay, granted leave for the petitioner to inspect the BVAS used in Bebeji, Gezawa, Tudun Wada, Garko, Ungogo, Ajingi, Bunkure, Karaye and Warawa Local Government Areas of the state.
The panel also upheld that the petitioner does not intend to amend their petition if not granted access to inspect electoral materials, it amount to denial of fair hearing as prayed, considering the provision of Section 146 of Electoral Act, 2022 as amendment.
The tribunal similarly dismissed the prayer seeking to join all parties during the inspection of BVAS machine.
The respondents in the petition are: INEC 1st, Kabir-Yusuf, 2nd and NNPP as third respondent.
Earlier, the Lead counsel to the petitioner, Mr Nureini Jimoh, SAN, had filed an application seeking to produce and inspect BVAS Machine used at Kano Governorship Election on March 18.
Jimoh also filed three counter affidavit dated June 5, June 8 and June 14 and adopted three written addresses.
He urged the court to dismiss the respondents preliminary objection with cost, as incompetent and suigeneris.
“My Lord, the second and third respondents deponent are counsels before you.
“In the respondents grounds, there are misconception as Section 177 electoral Act 2022 says; for a person to be qualified to contest as a member of a political party, the person must be a registered member 30 days before the party’s primary election.
Counsel to INEC, Mr K C Wisdom, urged the court to dismiss and strike out the petition.
Counsels to Kabir-Yusuf, Mr B J Akomolafe and NNPP, Mr Abdulhamid Mohammed, also urged the court to dismiss and strike out the petition as their grounds are incompetent as there is no beneficiary.
Reports have it that the petitioner is seeking the Tribunal to declare APC as the winner of the election having scored the highest number of the valid votes cast if the invalid votes are removed from the scores of NNPP or ought to be declared inconclusive.
Justice Akintan-Osadebay, reserved the ruling until final address and adjourned the matter until June 19, for continuation of hearing.