There has been confusion in Kano State on Tuesday as the Certified True Copy of the Court of Appeal judgment on the State’s governorship election surfaced.
It would be recalled that the appellate court last Friday upheld the decision of the petition tribunal sacking Governor Abba Yusuf.
However, the state Attorney-General and Commissioner for Justice, Haruna Isa-Dederi, argued that the CTC of the judgment showed that Yusuf’s Victory at the poll was affirmed by the appeal court.
Isa-Dederi disclosed this while addressing a press conference on Tuesday night.
According to him, the Court of Appeal set aside the judgment of the Kano Election Petition Tribunal for lacking in merit as indicated in the written judgment.
He said, “The evidence contained on page 67 of the copy of the Appeal Court judgment released on Tuesday and signed by Registrar, Jameel Ibrahim Umar, appellate court upheld the victory of Abba Kabiru Yusuf of the New Nigeria Peoples Party as duly elected Governor of Kano.”
The commissioner insisted that contrary to what the justices read to the public in the courtroom on November 17, the written evidence has vindicated Yusuf as legitimate governor of the state.
A copy of the CTC obtained showed what appears to be a mix-up in the conclusions.
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.”
Having been earlier sacked by the state governorship election petition tribunal, the governor who approached the Court of Appeal seeking to upturn the tribunal’s judgment is the appellant before the appellate court.
According to the CTC, Justice Adumein continued, “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: 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.”
In resolving all issues in favour of the appellant (Yusuf), it means the Court of Appeal granted the governor’s appeal to quash his sacking by the tribunal.
But in concluding that he found no merit in the appeal while dismissing it also means that he upheld the decision of the tribunal sacking the governor.
The mix-up in the judgment became more pronounced with the judge’s final declaration that the judgment of the tribunal delivered on September 25 sacking the governor is set aside while awarding N1m in favour of the governor and against the first respondent (APC).
The two other justices of the appeal court, Justice Bitrus Sanga and Justice Lateef Ganiyu, agreed with the lead judgment.
