by 
The pretty safe assumption is that readers are familiar with the fact of the case. However, for clarity the readers to note that Independent National Electoral Commission declared Abba Kabir Yusuf as the governor of Kano state following the Match 18, 2023, general election. Dissatisfied with the declaration, the APC went to election petition tribunal to dispute the victory of Abba Kabir Yusuf.
Election petition, in its sui generis character, has a lot of technicalities and formalities, the non compliance of which renders the entire process abortive. Because of this election matters are mostly won using technicalities. This predisposition towards technicalities and formalities had worked against Abba Kabir Yusuf in 2019 general election and got his case dismissed, even though it was known by everybody that Ganduje lost the election to him in broad daylight. I believe you can also remember the very recent case of Ahmad Lawal v. Machina, and many more cases, where parties suffer from strict adherence to technicalities of the law.
To remain relevant, when APC petitioned against the victory of NNPP’s Abba Kabir Yusuf, his legal team challenged the petition on the grounds of technicalities, among other things. They challenged the filing process, the grounds upon which the suit was initiated, even the fact that APC’s candidate, Nasiru Yusuf Gawuna is not a party to the suit was not left uncontested with both statutory and judicial authorities. However, the tribunal closed its eyes and took a bold position that the judgement was going to be largely on substantial justice, not the technicalities and formalities of the law.
The tribunal in its judgment at page 16–17, said: “The current judicial mood, is that substantial justice should be done to the parties in election cases without being unduly fettered by legal technicalities…” It held further that “This is the libral approach founded on a consideration of the attainment of substantial justice. We are inclined to do substantial justice to this issue for determination, which relates, or pertains to the couching of ground one of the Petitioner’s petition in accord with our understanding of the current mood of the Courts in election matters; a mood dictated by the need to eschew technicalities in favour of substantial justice” This is in particular to one of the issues before the court. And it is the same approach the court took to almost all the issues for determination. The tribunal cited a quite number of judicial authorities that supported the position it took.
The tribunal, in its aim to glorify the position it took, went further to recite the words of Nweze, JSC in the case of OMISORE VS AREGBESOLA (2015) ALL FWLR (PT. 813) 1673 AT 1712 PARAS B-C, where his Lordship held as follows:
“Now, it is no longer in doubt that this Court and indeed all Courts have made a clean sweep of “the picture of the law and its technical rules triumphant”, Aliyu Bello & Ors Vs Attorney General of Oyo State (1986) 5 NWLR (pt. 45) 828826. Let me explain, by its current mood, it is safe to assert that this court has firmly and irreversibly spurned the old practice where the temple of justice was converted into a forensic abattoir where legal practitioners, employing such tools of their trade like “whirling of technicalities”, daily butchered substantial issues in Court. In their fencing game in which parties engage themselves in an exercise of outsmarting each other…” Afolabi Vs Adekunle (1983) 2 SCNLR 14, 150. Those days are gone; gone for good”
However, before unpacking the decision of the Court of Appeal, if you are hearing this high sound phrase, ‘substantial justice’ for the first time, it obviously means the fair and equitable resolution of legal issues based on the core principles of fairness, morality, and practicality, rather than strictly adhering to technicalities or formalities in the law. In essence, this spacie of justice prioritises fairness over strict adherence to legal procedural rules.
To sum it all up, the tribunal ignored all the legal points raised by Abba Kabir Yusuf’s lawyers in the name of substantial justice and, at last, gave its judgment in favour of APC. Dissatisfied with the decision of the tribunal, Abba Kabir Yusuf took the matter to the Court of Appeal. But, unfortunately, the court dismissed his appeal on the ground of technicality of the law that he was once denied to enjoy its fruits at the tribunal. The Court of Appeal arrived at its decision that Abba Kabir Yusuf is not member of NNPP because his name was not in the register of members 30 days before the election. This denial of technicality at the tribunal, only to use it against him at the Court of Appeal, raises concerns of inconsistency and potential injustice.
It is not the intention of this writer to explain technical issues with respect to membership of a political party in relation to pre and post election disputes. But, going by the principles of substantial justice, it is my humble view that it is safer and more reasonable for the Court of Appeal to regard Abba Kabir Yusuf as a member of NNPP rather than adhering to the legal technicalities. Because he is actually a member of NNPP and, on that ground, the majority of people of Kano state came out and massively elected him as their governor.
Now, as Abba Kabir Yusuf dissatisfied with the recent judgment of the Court of Appeal and headed to the apex and final court of the courty for relief, the decision of the Court of Appeal may not survive if the Supreme Court will take into consideration the principles of substantial justice. This is because the Supreme Court is not only a court of law, but also a court of public policy. And in its wider and wiser jurisdiction, it may acknowledge the implication of adhering to technicalities and formalities of the law. In this very time, relying on technicality is equal to giving the mandate of the good citizens of Kano state to the people they don’t like as their leaders. And doing this may jeopardise public peace and security.
This is written by Musbahu Yahaya Rabiu, a level four law student from Bayero University, Kano. He can be reached on 08107882404, or musbahuyahayarabiu@gmail.com
