From Government House, Kano State
Governor Rabiu Musa Kwankwaso today at the Supreme Court of Nigeria, Abuja had his appeal dismissed even though he had approached the apex court to allow him withdraw the case. Governor Kwankwaso through his counsel Chief Adegboyega Awomolo SAN had filed a Motion seeking to withdraw the appeal stating that all the parties to the suit had consented to that.
However, the former Governor of Kano State, Malam Ibrahim Shekarau had objected to that, alleging that as a party, his consent had not been sought. In a 26-paragraph affidavit deposed before the apex court, Shekarau had stated “that I was never consulted as interested person, nor did I agree for the withdrawal of the Appeal under Order 8 Rule 6(2)… I have no objection as to the withdrawal of the Appeal without insinuating my consent or agreement to the said withdrawal.” He therefore urged the court to allow him join the appeal “as a person interested in the outcome of the Appeal.”
Kwankwaso and Shekarau have been having a feuding political battle since the latter defeated the former in an election that was seen by many as the most astounding political humiliation of Kwankwaso in 2003. Shekarau had served as the Governor of Kano State for two consecutive terms – a feat never achieved by any governor that ruled the state before then.
In its ruling, the Supreme Court presided by Honorable Justice Ibrahim Tanko declared that Shekarau cannot be joined in the appeal at this stage, as all the depositions in the matter do not refer to him as a person but to the office of the Governor of Kano State. The panel of judges further ruled that he can however file a fresh action at a lower court if he feels that Kwankwaso’s actions may injure his personality or carrier. On Kwankwaso’s “Notice of Withdrawal of Appeal by Agreement”, as the application was known, the apex court declared that since Shekarau had disputed his consent, the appeal can only be dismissed. And the court dismissed the appeal under Order 8 Rule 6(5) against Governor Kwankwaso. Counsel to Shekarau, Dr Nasiru A. Aliyu had told this reporter that “head or tail, we won the case.”
Counsel to Shekarau, Dr Nasiru A. Aliyu had told this reporter that “head or tail, we won the case.”
