After the court released the Certified True Copy (CTC) of the Court of Appeal’s ruling on the Kano State gubernatorial election, confusion ensued.
According to Anaedoonline.ng, the appellate court dismissed Abba Kabir Yusuf, the governor of Kano State and NNPP candidate, in a ruling that was handed down on Friday.
Nonetheless, a number of the court’s decisions in the judgement seemed incongruous in the CTC of the ruling, which was made public on Tuesday.
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Justice Moore Aseimo Abraham Adumein, according to Daily Trust, held in one of the final paragraphs of the lead judgement on Page 68 that “I will conclude by declaring that the live issues in this appeal are hereby resolved in favour of the 1st respondent and against the appellant.”
Governor Abba Kabir Yusuf is the appellant in this case, while the All Progressives Congress (APC) is the first respondent. The NNPP and the Independent National Electoral Commission (INEC) are the second and third respondents, respectively.
The judge continued, ruling that “Given the circumstances, I resolve all issues against the first respondent and in favour of the appellant.”
“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.
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“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.”
The first conclusion, which settled the problems in favour of the APC, meant that the tribunal’s ruling was upheld, even though the judge’s final three conclusions were interpreted as meaning that the tribunal’s decision to remove Governor Yusuf had been overturned and his mandate had been reinstated.
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 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.”
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Furthermore, Justice Lateef Ganiyu, the panel’s third justice, stated on Page 72 of his consenting judgement, “Given the circumstances, I am of solemn view that this Appeal is liable to be and is accordingly dismissed.” I follow the cost-related consequences order.
They would be receiving the “corrected version,” according to an APC leader who verified the legitimacy of the CTC on the site.
He said, “It’s a typographical error that has already been corrected,” and added that the court has acknowledged the “clerical errors.” The updated version will be delivered to us on Wednesday.
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