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Confusion As Appeal Court’s Certified Judgment Affirms Kano Gov’s Election
There was confusion in Kano State on Tuesday with the emergence of a Certified True Copy of the Court of Appeal judgment on the state gvernorship election.
While the widely reported verdict of the court last Friday indicated that the appelate court upheld the decision of the petition tribunal sacking Governor Abba Yusuf, the state Attorney-General and Commissioner for Justice, Haruna Isa-Dederi, argued that CTC of the judgment showed that Yusuf’s Victory at the poll was affirmed by the appeal court.
Isa-Dederi disclosed this while addressing a presa conference on Tuesday night.
He said as indicated in the written judgment, the Court of Appeal set aside the judgment of the Kano Election Petition Tribunal for lacking in merit.
“The evidence contained on page 67 of the the copy of the Appeal Court judgment released on Tuesday and signed by Registrar, Jameel Ibrahim Umar, appellate court upheld the victory of Abba Kabiru Yusuf of the New Nigeria Peoples Party as duly elected Governor of Kano,” he said.
The three member panel of the appeal court, on Friday, November 17, 2023, had dismissed the appeal filed by the governor on the basis of his membership status.
The appellate court subsequently affirmed Nasiru Gawuna of the All Progressives Congress as the winner of March 25, 2023 governorship poll in the state.
Dederi noted that page 67 of the certified true copy of the judgment clearly indicated that the tribunal’s ruling that sacked the governor was set aside.
The commissioner insisted that contrary to what the justices read to the public in the courtroom on November 17, the written evidence has vindicated Yusuf as legitimate governor of the state.
A copy of the CTC reveals a mix up in the conclusions.
According to the CTC, in his lead judgment, Justice Moore Adumein, wrote, “I will conclude by stating that the live issues in this appeal are hereby resolved in favour of the first respondent and against the appellant.”
Having been earlier sacked by the state governorship election petition tribunal, the governor who approached the Court of Appeal seeking to upturn the tribunal’s judgment is the appellant before the appellate court.
The All Progressives Congress, the Independent National Electoral Commission and the NNPP are the first, second and third respondents respectively.
According to the CTC, Justice Adumein continued, “In the circumstances, I resolve all the issues in favour of the appellant and against the first respondent.
“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.
“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.”
In resolving all issues in favour of the appellant (Yusuf), it means the Court of Appeal granted the governor’s appeal to quash his sacking by the tribunal.
But in concluding that he found no merit in the appeal while dismissing it also means that he upheld the decision of the tribunal sacking the governor.
The mix up in the judgment became more pronounced with the judge’s final declaration that the judgment of the tribunal delivered on September 25 sacking the governor is set aside while awarding N1m in favour of the governor and against the first respondent (APC).
The two other justices of the appeal court , Justice Bitrus Sanga and Justice Lateef Ganiyu, agreed with the lead judgment.
The Punch
Headlines
Breaking: Supreme Court Recognises Martin Amaewhule As Rivers Assembly Speaker, Orders CBN to Stop Releasing Funds to State
By Eric Elezuo
The Supreme Court of Nigeria has in its ruling on Friday recognised Hon Martins Amaewhule as the authentic speaker of the Rivers State House of Assembly, mandating him to urgently resume sitting with elected members of the assembly.
The apex court also ordered the Central Bank of Nigeria to stop releasing to the Rivers State government until a proper assembly is constituted.
Details soon…
Tension escalated at the Lagos State House of Assembly on Thursday as impeached Speaker Mudashiru Obasa made a dramatic return to reclaim his position.
Accompanied by heavily armed men, Obasa stormed the Assembly complex in a bold move that has thrown the State’s legislature into turmoil.
In a stunning turn of events, security details assigned to the substantive Speaker, Rt. Hon. Mojisola Meranda, were abruptly withdrawn on Thursday morning, clearing the path for Obasa’s controversial comeback.
Sources revealed that the Inspector General of Police (IGP) ordered the withdrawal of all security operatives attached to Meranda, leaving her exposed in the midst of an intensifying power struggle.
The Speaker’s Special Adviser on Information, Mr. Victor Ganzallo, expressed concern over the security vacuum created by the withdrawal of personnel.
“In the early hours of Thursday, we woke up to the startling news that all security details assigned to Madam Speaker, Mojisola Meranda, had been withdrawn.
This includes the police and DSS officers, leaving her exposed to threats amid the ongoing speakership crisis,” Ganzallo stated.
He further called on Governor Babajide Sanwo-Olu, as the State’s Chief Security Officer, to intervene urgently to prevent a complete breakdown of law and order within the Assembly.
“The withdrawal of security personnel has left the Assembly naked and vulnerable at a critical time. Urgent action is needed to restore order,” he pleaded.
With the speakership battle taking a dramatic new turn, political watchers are keenly observing how the crisis will unfold in the coming days.
Pope Francis showed further improvement on Wednesday, the Vatican said, although it cautioned that “the prognosis remains reserved” for the 88-year-old fighting pneumonia.
“The clinical conditions of the Holy Father in the last 24 hours have shown a further, slight improvement,” said the Vatican in its nightly bulletin on the health of the pontiff, who has been in hospital since February 14.
“Although a slight improvement is being recorded, the prognosis remains reserved,” it said.
The Argentine pope was originally admitted to Rome’s Gemelli hospital with breathing difficulties and bronchitis, but his condition subsequently deteriorated, sparking widespread concern among Catholics.
Respiratory attacks he suffered at the weekend that required high levels of oxygen and blood transfusions have not been repeated, according to the Vatican, although he continues to receive oxygen and do breathing exercises.
On Wednesday, the Vatican said a CT scan performed Tuesday showed “normal progression of the pulmonary inflammatory condition” while blood tests on Wednesday confirmed the improvement.
It also said that a mild renal insufficiency detected at the weekend “had resolved.”
As Catholics across the globe pray for Francis, doctors have warned the path to recovery could be long, with the Jesuit pontiff likely staying in hospital beyond this week.
Despite his critical condition, the leader of the world’s nearly 1.4 billion Catholics has kept up with Church matters from his hospital suite, according to the Vatican.
Now on his 13th day in the hospital, the Pope Wednesday was “sitting in a chair, and continuing with the treatment as normal”, a Vatican source said.
The Vatican said he received the Eucharist in the morning and spent his afternoon working.The current hospitalisation is Francis’s fourth and longest.
The pope, who had part of one of his lungs removed as a young man, has suffered increasing health problems in recent years.
He is prone to bronchitis and suffers from hip and knee pain, which has made him reliant on a wheelchair.
Pilgrims and faithful have been flocking to the Vatican and the Gemelli to pray for Francis, with a fresh round of prayers held in St Peter’s Square later Wednesday evening.
