The Independent National Electoral Commission (INEC) has made a U-turn over its earlier decision not to join the appeal against the declaration of the All Progressive Congress (APC) as the winner of the Kano governorship poll by the state election petition tribunal.
The Kano State Governorship Election Tribunal had sacked Governor Yusuf, and ordered INEC to issue a Certificate of Return to the APC candidate, Dr. Nasiru Yusuf Gawuna.
But Governor Yusuf is not leaving any stone unturned as he has already engaged the services of Senior Advocate of Nigeria (SAN), Chief Wole Olanipekun to reclaim his” victory.”
Governor had filed a 42-ground of appeal before the Appeal Court sitting in Kano, requesting for the nullification of the Tribunal judgement.
In the Notice of Appeal on Friday, Olanipekun, is leading Bode Olanipekun (SAN), Ibrahim G. Waru, and Akintola Makinde, with Wole Olanipekun & Co as the Legal Firm, handling Governor Yusuf case at the Appellate Court.
However, Chief E.O.B. Offiong (SAN) remains the counsel for the APC.
However, Suleiman Alkali, Head of Legal department, INEC office, Kano, had written the Secretary of Governorship Election Petition Tribunal, on behalf of the Resident Electoral Commissioner, saying that INEC will not join Governor Yusuf to appeal the Tribunal judgment.
Alkali had stated thus in the letter: “I have been instructed by the Commission headquarters that INEC as an umpire have no reason to appeal any judgment.
“Consequently, the National Commissioner in charge of Legal Services and National Commissioner in charge of Kano zone are directed that the appeal be withdrawn and all processes for all appeals should be forwarded to the Kano office.”
But in a twist of events, Alkali who did not deny writing the letter, said INEC has decided to continue with the case at the appellate court.
He said the withdrawal letter forwarded to the Tribunal has been recalled, insisting that INEC legal team is prepared to continue with the case at the appellate court.
Alkali, who said he was misled into writing the letter in the first instance, noted that the letter was recalled 40 minutes after it was forwarded to the tribunal secretariat, but expressed surprise how the letter leaked to the media.
Journalists in Kano were shown a copy of the Notice of Appeal filed on behalf of INEC by law office of Dikko & Mahmood on October 3, indicating that the Commission has officially appealed the judgment.