From Victor Osula, Abuja
If you have been following the recent criticisms of the Nigerian judiciary as a cash and carry institution, even by members of the bench and bar including two former Nigeria Bar Association, NBA, presidents, namely Dr Olisa Agbakoba, SAN and Olumide Akpata as well as former Chairman of the Nigeria Human Rights Commission, Prof Chidi Odinkalu, here is concrete proof.
On Friday, November, 17, 2023, the Court of Appeal upheld the judgement of the Kano Governorship Election Petition Tribunal, nullifying the election of New Nigeria Peoples Party, NNPP governor, Abba Yusuf and declared his rival All Progressives Congress, APC, Nasir Gawuna validly elected.
Shockingly, the certified true copy of the Court of Appeal judgment has shown however that the appellate court had set aside the judgement of the lower tribunal, albeit contradictorily.
The Court of Appeal had in that Friday judgement read by the chairman of the panel, Justice Moore Adumein, upheld the judgement of the tribunal, declaring APC candidate, Nasiru Gawuna, as winner of the governorship election in the state.
But the certified true copy of the judgement released by the court on Tuesday, favoured the incumbent governor in a round about way.
In the CTC, duly signed by the three justices, the appellate court went further to award the N1,000,0000 cost in favour of the NNPP and against the APC as against its Friday pronouncement
In one instance, the appellate court declared “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)”, but went further to contradict itself in another sentence.
The court said: “In the circumstances, I resolve all the issues in favour of the appellant (NNPP) and against the 1st respondent (APC).”
The Justice then declared, “Therefore, I find no merit in this appeal which is liable to be and is hereby dismissed.”
But in the final line of the judgement, the court set aside the judgement of the tribunal, which sacked the governor.
“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 CTC of the judgement read.
In his reaction on Tuesday evening while speaking to journalists in Kano, Attorney General and Commissioner for Justice, Haruna Dederi said that: “Page 67 of the certified copy of the judgement clearly indicated that the tribunal’s ruling that sacked Governor Yusuf was set aside.
“Contrary to what the Judges read to the public in the court room on the 17th November, the written evidence has vindicated Yusuf as legitimate Governor of Kano state.”
Here it is;
Recall that the Kano State Governorship Election Petitions Tribunal on September 20 sacked the governor and declared the candidate of the All Progressives Congress, APC, Nasiru Gawuna, winner of the March 18 governorship poll.
Dissatisfied by the lower tribunal’s decision, the governor, through his counsel Wole Olanipekun, asked the appellate court to set aside the judgment of the tribunal.Tongues are wagging that top shots within the ruling party are bent on holding on to Kano, one of the key states in the North West noted for it’s high voter base and turn out during elections.
Even so, a presidential spokesman Bayo Onanuga had denied involvement of the presidency in the case in an earlier insinuating statements by politicians.
However, the glaring contradictions in the judgement show the Justices were far from free and equitable in the pronouncement.
” These are some contradictions which the court can only explain,” said Femi Falana, a seniour advocate of Nigeria speaking on the judgement on ARISE Tv on Wednesday.
