*Sets aside Trubunal’s zoom judgment
*Awards N1m against APC
*Contradictions reportedly explained
By OUR REPORTER
Barely 24 hours after the National Secretariat of New Nigeria People’s Party (NNPP) cried out over footdragging of Court of Appeal to release the Certified True Copy (CTC) of its Friday November 17, 2023 judgment sacking its candidate in the March 18 election as governor of Kano State, Engr Abba Kabir Yusuf, the appellate court late Tuesday has released the CTC.
The party, which rejected the judgment but in the spirit of abiding by democratic principle, had resolved to proceed to the highest level of the judicial process, that is, the Supreme Court in pursuance of justice.
The judgment was finally released on Tuesday but, contrary to the court room pronouncements of Friday, the Certified True Copy of the Court of Appeal judgment – as released – revealed that the appellate court had set aside the judgement of the Governorship Election Petitions Tribunal which September 20 wascresolved in favour of Yusuf Nasiru Gawuna of the All Progressives Congress (APC).
According to the CTC, the Court of Appeal went further to uphold the election of Engr Abba Kabir Yusuf of the NNPP as the validly elected Governor of Kano State while awarding a N1 million fine against the APC candidate.
The DEFENDER recalls that on Friday in Abuja, the Court of Appeal in its judgement read by Chairman of the appeal panel, Justice Moore Adumein, dismissed the appeal filed by Governor Abba Kabir Yusuf and clearly upheld the judgement of the Tribunal, declaring APC candidate, Yusuf Nasiru Gawuna, as winner of the governorship election in the state.
But when the Certified True Copy of the judgement was finally released by the court on Tuesday, five days after the judgment wasvdrlivered, reverses were observed as the court set asidevthe Tribunal judgment and affirmed the election of Abba Yusuf as governor of Kano State.
In the CTC, duly signed by the three justices, the appellate court went further to award the N1 million 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 court further shot itself on the foot, declaring, “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.
Uncomfirmed sources commenting on the contradictions in the judgement, reportedly, said the justices had initially prepared a judgement in favour of the NNPP but forces in the presidency allegedly coerced them into changing the judgement hours before reading.
The sources further said that the contradictory declarations as well as the five-day delay in releasing the full judgement might not be unconnected with the sudden u-turn of the justices.
