Kano is facing confusion following the disclosure of the Certified True Copy (CTC) of the Court of Appeal’s judgment on the state’s gubernatorial election dispute.
As earlier reported, the appellate court recently affirmed the removal of the state governor, Abba Kabir Yusuf of the New Nigeria People’s Party (NNPP), in its Friday judgment.
However, upon examination of the CTC on Tuesday, several seeming contradictions within the court’s rulings were noted.
In the primary judgment by Justice Moore Aseimo Abraham Adumein, the judge held in one of the concluding paragraph on Page 68 that “I will conclude by stating that the live issues in this appeal are hereby resolved in favour of the 1st respondent and against the appellant.”
The appellant in the appeal is Governor Abba Kabir Yusuf while the 1st respondent is the All Progressives Congress (APC) with the Independent National Electoral Commission (INEC) and the NNPP as 2nd and 3rd respondents.
The judge went further to hold that “In the circumstances, I resolve all the issues in favour of the appellant and against the 1st respondent.
“Therefore, I find no merit in this appeal which is liable to be and is hereby dismissed.
The judgment of the tribunal in Petition No.: EPT/KN/GOV/01/2023 between: AL PROGRESSIVES CONGRESS (APC) v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & 2 ORS. delivered on the 20th day of September, 2023 is hereby set aside.
“The sum of N1,000,000.00 (one million naira only) is hereby awarded as costs in favour of the appellant and against the 1st respondent.”
This led to confusion as the last part seemed to suggest the tribunal’s decision sacking Governor Yusuf had been overturned, while the first part indicated an affirmation of the tribunal’s decision.
Adding to the perplexity, Justice Bitrus G. Sanga’s consenting judgment on Page 69 aligned with the primary judgment, dismissing the appeal and affirming the tribunal’s decision.
“My brother in the leading judgment considered the pleadings of the parties, the evidence adduced in support thereof together with statutory and judicial authorities cited, quoted and relied upon before reaching the inevitable decision that this appeal is bereft of merit.
“I agree with and adopt as mine the finding and conclusion reached by my learned brother and also dismissed this appeal and affirm the decision by the trial Tribunal in its judgment delivered on 20/9/2023 in Petition No. EPT/KN/GOV/01/2023.”
Further complicating matters, Justice Lateef Ganiyu’s consenting judgment on Page 72 concluded by stating, “In the circumstance, I am of solemn view that this Appeal is liable to be and is hereby dismissed. Iabide with the consequential order as to cost.”
While some NNPP members viewed the situation favorably, considering it a win, an anonymous lawyer suggested the confusion might be a typographical error.
The lawyer insisted that the court’s reasoning in preceding sections aligned with the reported decision to remove Governor Yusuf based on party membership issues.
Meanwhile, a confirmed APC chieftain acknowledged the authenticity of the CTC but claimed that the court had acknowledged “clerical errors.” The chieftain stated, “It’s a typographical error that has already been corrected. We will be getting the corrected version today (Wednesday).”
Ada Peter
