A Certified True Copy (CTC) of the Court of Appeal’s verdict on the governorship election in Kano State has surfaced, causing confusion.
Contrary to the widely reported verdict last Friday, where the appellate court upheld the petition tribunal’s decision to sack Governor Abba Yusuf, the State Attorney-General and Commissioner for Justice, Haruna Isa-Dederi, argues that the CTC affirms Yusuf’s victory.
Addressing a press conference on Tuesday night, Isa-Dederi revealed that, according to the written judgment, the Court of Appeal set aside the tribunal’s ruling, stating it lacked merit.
The three-member panel had dismissed the governor’s appeal on November 17, 2023, based on his membership status and affirmed Nasiru Gawuna of the All Progressives Congress as the winner of the March 25, 2023, governorship poll.
Isa-Dederi emphasized that page 67 of the CTC clearly indicates the tribunal’s ruling sacking the governor was set aside. Despite the justices’ public announcement on November 17, the written evidence, he insisted, vindicates Yusuf as the legitimate governor.
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According to the CTC, in his lead judgment, Justice Moore Adumein, wrote,
“I will conclude by stating that the live issues in this appeal are hereby resolved in favour of the first respondent and against the appellant.”
The discrepancy appears to stem from a mix-up in the conclusions of the judgment. Governor Abba Yusuf, previously ousted by the state’s election petition tribunal, had approached the Court of Appeal as the appellant, seeking to overturn the tribunal’s decision.
The All Progressives Congress, the Independent National Electoral Commission, and the NNPP serve as the first, second, and third respondents, respectively.
As per the Certified True Copy (CTC), Justice Adumein proceeded,
“In the circumstances, I resolve all the issues in favour of the appellant and against the first 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: ALL 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.”
In favorably resolving all issues for the appellant (Yusuf), the Court of Appeal essentially granted the governor’s appeal to overturn his removal by the tribunal. However, the conflicting nature arises as the court, in concluding that it found no merit in the appeal, simultaneously dismissed it, thereby upholding the tribunal’s decision to remove the governor.
The confusion in the judgment becomes more evident with the judge’s final declaration that the tribunal’s September 25 ruling, which removed the governor, is set aside.
Additionally, the judge awarded N1m in favor of the governor and against the first respondent (APC). Justices Bitrus Sanga and Lateef Ganiyu, the other two justices of the appeal court, concurred with the lead judgment.
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Meanwhile, the New Nigeria People’s Party (NNPP) has labeled the recent Appeal Court ruling on the case involving the ousted Governor Abba Yusuf as a “scandalous judicial debacle.”
The controversy deepened as the Certified True Copy (CTC) of the judgment, made public this Tuesday, contradicted the version presented at the Court of Appeal last Friday.
Ladipo Johnson, the spokesperson for the NNPP, addressed the issue during an appearance on Arise TV’s The Morning Show on Wednesday. Johnson acknowledged the existence of discrepancies between the information disclosed last Friday and the contents of the official CTC report.
“It is very unfortunate that we have come to this low state as a country regarding the judiciary. I am a legal practitioner, and it hurts me; it pains the heart that this is the sort of situation that we find ourselves in.
“You just have a 14-day window to lodge your appeal at the Supreme Court, so when you deliver judgment on Friday and you don’t give the CTC to counsel till some five days later, it really makes no sense,” Johnson said.
The Certified True Copy (CTC) contains the final five paragraphs that present conflicting information:
“In the circumstances, I resolve all the issues in favour of the appellant (Abba Yusuf) and against the first respondent (APC).
Then it said, “I will conclude by stating that the live issues in this appeal are hereby resolved in favour of the 1st respondent (APC) and against the appellant (Governor Abba Yusuf)”.
“Therefore, I find no merit in this appeal (which was filed by Yusuf) which is liable to be and is hereby dismissed.”
“The judgment of the tribunal in Petition No.: EPT/KN/GOV/01/2023 between: ALL 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(Abba Yusuf) and against the 1st respondent (APC).”
The NNPP spokesperson expressed lament, stating that
“How is it that in the CTC signed by the judges, you have that conclusion? Were they two different judgments typed? Leave the facts and the law to the Supreme Court; what we are saying is that the optics are bad, and you cannot stop anyone from saying they have no confidence in the judiciary.
“When the Court of Appeal comes out with that, you begin to know that in this modern day of computer produced document, something must have been there. Was it cancelled? Was part of it removed? Are they going to tell us it’s a clerical error? There is something called a slip rule in law where you can recall your judgment if there is a small error. This is not a small error.
“The Court of Appeal must let Nigerians know how that happened and how they couldn’t get us a CTC for about four days.”
He added, “If we have an unbiased panel, then justice will be done for the millions of people in Kano who do not understand these technicalities. All they know is that they are being cheated.”
