Kano governorship poll: “It is clear to us that the only conclusion that can be drawn from this judicial debacle is that the average reasonable person can only conclude that the Court of Appeal changed the judgement after they had concluded deliberations on the matter, and then mistakenly left the original conclusion during the cutting and pasting process!”
By Ishaya Ibrahim
The national leadership of the New Nigeria People’s Party (NNPP) has called on the National Judicial Commission (NJC) to investigate the controversy surrounding last Friday’s Appeal Court judgement which affirmed the sack of Kano Governor, Abba Kabir Yusuf, from office.
The appellate court sitting in Abuja on Friday, November 17, affirmed the decision of the Kano election petitions tribunal which had nullified Yusuf’s victory but faulted the lower court for not disqualifying Yusuf as governorship candidate of the New Nigeria Peoples Party (NNPP).
A three-member panel of the Court of Appeal, headed by Justice Moore Adumein, in a unanimous judgement, declared Nasiru Gawuna of the All Progressives Congress (APC) winner of the March 18 governorship election in Kano State.
The court asked Yusuf to pay the sum of N1 million as cost of damages to Gawuna/APC, who had been declared winner of the March 18 governorship election in Kano by the tribunal on September 20.
In a unanimous verdict on September 20, a three-member panel of the tribunal, led by Justice Oluyemi Akintan-Osadebay, granted the APC prayers.
The lower court then set aside Yusuf’s victory after declaring 165,663 of his votes invalid.
The tribunal declared Gawuna, who turned out to have the highest number of votes after the deduction from Yusuf’s score, as the lawfully elected candidate.
It also ordered INEC to withdraw the certificate of return earlier presented to Yusuf and issue a new certificate to Gawuna.
Governor Yusuf and the NNPP rejected the tribunal ruling sacking him and filed appeal at the Court of Appeal. But the Court of Appeal, led by Justice Moore Adumein, dismissed the appeal.
The Court of Appeal dwelled more on the candidacy of the appellant, saying he was not a member of the party (NNPP).
“Yusuf Abba was not a member of the NNPP as of the time he was purportedly sponsored on 18 March for the Kano Governorship election.
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“The tribunal was wrong not have disqualified the appellant, Governor Yusuf. The failure of NNPP to properly sponsor Yusuf according to Section 177 (c) of the constitution, is fatal to their case.
“All the nine issues are hereby resolved against the appellant.
“This appeal is hereby dismissed. The sum of N1 million is awarded as cost against Governor Yusuf,” Justice Adumein declared.
However, on Tuesday, a paragraph in one of pages of the Certified True Copy (CTC) of the Appeal Court judgement emanated indicating victory for Governor Yusuf, instead of APC’s Nasir Yusuf Gawuna.
During a briefing on Wednesday, NNPP National Working Committee (NWC), called for immediate investigation into the “controversial” Appeal Court judgement.
The NNPP Acting National Chairman, Abba Kawu Ali told journalists: “We are calling on the National Judicial Council (NJC), to without delay commence investigation to unravel what happened in the matter.
“We are calling on eminent members of the bench (both retired and serving) and the bar, to be interested in what happened that we have the kind of scenario presented in the CTC of the judgement of the Appeal Court.
“In addition we call on leaders, elders and other major Stakeholders in the Nigerian project, including the media, to step into this matter to avert the danger this type of signal from the judiciary portends for our democracy in particular, and our country in general.
“From the scenario presented by the judgement, it is crystal clear that something is wrong somewhere and the onus is on all of us as Nigerians to unearth the riddle.”
NNPP insisted: “For emphasis, this is not just a mistake that can merely be “corrected” by the Court of Appeal as it doesn’t fall within the ambit of the “Slip Rule” where a Court can recall the document and correct an error.
“Such errors must be so obvious that their correction cannot generate any controversy, regarding the Judgment or decision of the Court. By the same token, such errors must be of such nature that their correction would not change the substance of the Judgment or alter the clear intention of the Court.
“It is clear to us that the only conclusion that can be drawn from this judicial debacle is that the average reasonable person can only conclude that the Court of Appeal changed the judgement after they had concluded deliberations on the matter, and then mistakenly left the original conclusion during the cutting and pasting process!
“Whilst our legal team proceeds to lodge our appeal at the Supreme Court, we once again call for a thorough investigation of this debacle by the National Judicial Council and if need be for the appointment by the NJC, of an independent investigator to carry out the task. However, our faith in the Judiciary remains unshaken.”
He added that: “All efforts to get the Certified True Copies (CTC) of the judgement for our Legal team, up till yesterday, Tuesday, November 21, 2023 to prepare our processes for the appeal proved abortive and this prompted the alarm we raised up till yesterday morning, because time was running out on us.
“We all know that the appeal must be filed within 14 days. Now we wish to inform the world that we were finally able to collect the CTC yesterday afternoon.
“To our greatest surprise, the CTC showed that the judgement delivered by Honorable Justice Moore Aseimo Abraham Adumein (JCA) and concurred to by Honorable Justice Bitrus Gyarazama JCA, and Honorable Justice Lateef Adebayo Ganiyu (JCA) is actually in favour of our candidate, the Governor of Kano State, Engr. Abba Kabir Yusuf.
“At page 67 of the extant judgement in its conclusive findings held inter alia:
‘In the circumstances, I resolve all the issues in favour of the Appealant” (Engr. Yusuf Abba Kabir)
“The judgement of the Tribunal in petition No: EPT/KN/GOV/01/2023 between the All Progressives Congress (APC) Vs INEC & 2 others 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 (Engr. Abba Kabir Yusuf) and against the 1st respondent” (APC).
“This is the complex situation we as a political party and our candidate have found ourselves.
“If at the point of delivering the judgement, there was a pronouncement that our Appeal failed but the CTC of the same judgement in its conclusive findings actually resolved all the issues in our favour, and even awarded costs in our favour against the APC, this definitely is a riddle!
“We are an interested party. We own the platform on which Engr. Abba Kabir Yusuf ran for the election and was declared the winner.”
The NNPP National Leadership maintained that: “Engr. Abba Kabir Yusuf is a genuine bonafide member of our great party, the New Nigeria People’s Party (NNPP). He registered in his Diso-Chiranchi Ward in the Gwale Local Government Area of Kano State.
“He took part in all the processes e.g. Screening in May 2022, leading to the Primaries in June 2022, where he emerged as the Candidate of NNPP. A process monitored by officials of INEC and security agencies. His name and particulars including but not limited to, information about his nomination forms, Expression of Interest Forms, membership card etc were uploaded to the INEC portal and his name was accordingly published by INEC. When there was no complaint about his nomination, his name was later published in the final list of Candidates by INEC,” he said.