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Appeal Court sacks Kwankwaso, upholds Datti’s victory



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The Court of Appeal sitting in Abuja has upheld the election of Yusuf Datti Umar of the NNPP and sacked Musa Ilyasu Kwankwaso as the lawmaker representing Kura/Madobi/Garun Malam Federal Constituency at the House of Representatives.


The three-judge panel led by Justice Tunde Oyebamiji Awotoye, ruled that the Election Petition Tribunal was wrong to have counted the date of the Appellant’s resignation from his job on the date of his party primary and that Section 77 of the Electoral Act was misapplied as no Court has jurisdiction on issue of membership of the party.


Also read: Appeal Court fixes date for Kano governorship election hearing


It could be recalled that the lower court led by Justice Ngozi Flora Azinge annulled Mr Datti’s election on the grounds that he did not resign from his job at the Bayero University, Kano (BUK), 30 days before elections.


The tribunal headed by Justice Ngozi Flora Azinge, said the NNPP candidate was sacked because he didn’t not resign from Bayero University, Kano 30 days before the election.


The tribunal consequently ordered INEC to set aside the certificate of return earlier issued to Mr Datti and declare his opponent Mr Kwankwaso of the APC as winner of the election having scored the second highest votes during the February 25 election.


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