The tribunal had set aside Yusuf Abba of the New Nigeria Peoples Party victory after declaring 165,663 of his votes invalid. The tribunal held that the deducted votes were from ballot papers that were neither stamped nor signed.
He then approached the appeal court for redress. The appeal court upheld the tribunal’s decision and faulted the lower court for not disqualifying the governor.
The appellate court said the governor was not properly sponsored by the New Nigeria Peoples Party, thus violating the provisions of Section 177 (c) of the constitution.
The court, however, declared Nasiru Gawuna of the All Progressives Congress winner of the election.
At the Supreme Court, Justice John Okoro ordered that all the ballot papers from which the appellant votes were deducted should be restored to the governor.
He said the said paper contains the logo of INEC and the coat of arms as prescribed by the provisions of the Electoral Act.
He also held that the issue of party membership is an internal affair of the party.
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