Reactions have continued to trail the release of the Certified True Copy of the Appeal Court judgment that saw the mandate of NNPP’s Abba Yusuf restored as the duly elected Governor of Kano State.
Earlier the Appeal Court sitting in Abuja had in a judgment delivered on Friday 17th of November 2023, reaffirmed the victory of the APC.
However, the Certified True Copy as circulated by the news media on Tuesday contradicted rulings of the Court on the judgment. One of which is the declaration of NNPC’s Abba Kabir Yusuf as the true winner of the Kano State governorship election held on the 28 of March 2023.
Delivered by Justice Moore Aseimo Abraham Adumein, in one of the paragraphs on page 68 revealed thus; “I will conclude by stating that the live issues in this appeal are hereby resolved in favor of the 1st respondent and against the appellant.”
“In the circumstances, I resolve all the issues in favor 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”.
In the judgment, the 1st respondent is the All Progressives Congress (APC) alongside the Independent National Electoral Commission (INEC) and the NNPP were the 2nd and 3rd respondents. While the appellant in the appeal is Governor Abba Kabir Yusuf.
The judgment reads in parts; 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.”
While the last three conclusions of the judge were considered to mean that the tribunal judgment sacking Governor Yusuf had been set aside and thus restoring his mandate, the first conclusion that resolved the issues in favour of APC meant that the decision of the tribunal was affirmed.
More confusing, in the consenting judgment delivered by Justice Bitrus G. Sanga on Page 69, the judge held that “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 dismiss 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.”
In addition, third justice on the panel, Justice Lateef Ganiyu in his consenting judgment held on Page 72 that “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 the supporters of NNPP continued to express satisfaction in the latest revelation APC chieftains with name withheld, confirmed the veracity of the Certified True Copy stating that the ‘corrected version’ would be obtained.
