A fresh revelation has indicated that the Court of Appeal, sitting on the Kano governorship election, set aside the judgment of the Kano petition tribunal.
In the fresh revelation as indicated in a certified copy of the Appeal Court Judgement on the Kano state Governorship election, Abba Kabir Yusuf was affirmed as duly elected Governor.
The evidence contained on page 67 of the copy of the Appeal Court judgment released on Tuesday and signed by Registar Jameel Ibrahim Umar, the appellate court upheld the victory of Abba Kabiru Yusuf of the New Nigeria Peoples Party NNPP as duly elected Governor of Kano.
The three-member panel of the appeal court, on Friday, November 17, 2023, dismissed the appeal filed by Governor Yusuf on the basis of his membership status.
The appellate court subsequently affirmed Nasiru Yusuf Gawuna of the All Progressives Congress (APC) as the winner of the March 25th, 2023 Governorship poll in Kano.
The lead judgment, delivered by Mr Adumein, resolved “live” issues “in favour of the first respondent and against the appellant.” This pronouncement essentially upheld the verdict of the governorship election tribunal which earlier ruled that Mr Yusuf was not duly sponsored by his party, NNPP to contest the election and that the candidate of the APC, Nasir Gawuna, was the rightful winner of the election.
“In the circumstances, I resolve all the issues in favour of the appellant and against the first respondent,” the paragraph read. This second paragraph holds that “all” issues are resolved in favour of the appellant, Mr Yusuf and added that the judgement of the governorship election tribunal, which sacked Mr Yusuf, is set aside.
“The judgement 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,” it read.
Right after this definitive paragraph, which logically concludes the consideration and resolution of various issues and arguments in the judgment, follows an explicitly contradictory paragraph that starkly contrasts the initial ruling and creates uncertainty around the interpretation of the document and the final disposition of issues raised in the appeal.
Addressing journalists Tuesday evening, Kano state Attorney General and Commissioner for Justice, Haruna Dederi said page 67 of the certified copy of the judgment clearly indicated that the tribunal’s ruling that sacked Governor Yusuf was set aside.
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“Judgement was given in respect of all our four appeals, the one filed by his Excellency the Governor, the appeal filed by our party the NNPP, the appeal filed by INEC. All these three are because of their disagreement with the outcome of the verdict of the Tribunal made on the 20th of September.
“There was also a cross appeal by the All Progressives Congress (APC). All these appeals were heard and judgement in respect of each one of them was reserved.
“On the 17th of this month, Friday specifically, judgement was read. Now that everything has come to limelight, we have got copies of the judgement from the court of appeal.
“In the court room where the judgement of the Tribunal in respect of the petition filed in Kano by the APC was affirmed. That was what the court said.
“Unfortunately in respect of the appeal of his Excellency we have found out now that the judgement of the court of appeal really sets aside the judgement of the Tribunal.
“I think there is a snag here. While in the court we are told that the judgement of the Tribunal was affirmed, the Certified True copy of the judgement in respect of the appeal of his Excellency the Governor Abba Kabir Yusuf against APC and two others has shown that the judgement of the tribunal was set aside. That is specifically on page 67 of the judgement.
“We are yet to be aware of the judgement with regards to the other appeals. Our lawyers have already commenced action with respect to this to file an appeal with the Supreme Court in respect of the Appeal verdict” he said.
He explained that with what is contained in the Certified True Copy of the Judgement given to them by the Appeal Court, Abba Kabir Yusuf is the legitimate governor of Kano state as the Appeal Court has set aside the judgement sacking him issued by the the Election Petition Tribunal earlier in September.
“The effect of this is that his Excellency Abba Kabir Yusuf, because of the judgement of the Tribunal was set aside still remains as the governor of the state. This means there is nothing that will interfere with his position, status and his chair as the legitimate governor of the state. That is the implication” he stated.
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