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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
Source: Reuters
Arise Television anchor, Rufai Oseni, has alleged that there may be attempts to prevent key opposition figures, including Peter Obi and Atiku Abubakar, from appearing on the ballot for the 2027 general elections.
Oseni’s remark followed a Federal High Court judgment ordering the de-registration of some political parties.
Justice Peter Lifu of the Federal High Court in Abuja, on Monday, ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC), Accord Party (AP), Action Peoples’ Party (APP), Zenith Labour Party (ZLP), and Action Alliance Party (AAP) over alleged constitutional breaches.
The judgment arose from a lawsuit filed by the Incorporated Trustees of the National Forum of Former Legislators (NFFL), which argued that the affected parties failed to meet constitutional and statutory electoral performance requirements necessary for continued recognition as political parties.
Justice Lifu subsequently barred INEC from recognising the affected parties, accepting nominations from them or permitting them to participate in activities related to the 2027 general elections.
The ruling, if upheld, could affect the political ambitions of several politicians, including former Vice President Atiku Abubakar, who is the ADC presidential flag-bearer, and Osun State governor Ademola Adeleke, who is seeking re-election on the platform of the Accord Party.
But speaking on Arise TV’s Morning Show on Tuesday, Oseni described the court ruling as a “test” of public reaction, warning that more actions could follow ahead of the next general election.
According to him, opposition parties such as the African Democratic Congress, ADC, and the Nigeria Democratic Congress, NDC, should be cautious, claiming that efforts could be made to stop major figures from participating in the election.
Oseni argued that the judgment was part of a broader process aimed at shaping the political landscape ahead of 2027.
He maintained that the ruling came despite some of the affected parties having recorded electoral victories in recent elections.
He warned that Nigerians must remain vigilant to safeguard the country’s democracy, stressing the need for judicial reforms alongside efforts to tackle insecurity.
Oseni said: “NDC, ADC should be careful because there will be attempt, and this is me predicting now, to ensure that Obi, Atiku and other big contenders are not on the ballot.
“This that you saw yesterday is just a test. This is not the real place where the whole thing is going. This is me predicting now.
“You know before you have a show you test the microphone. They want to see the reactions of Nigerians. More is still coming.
“You can see how they carry a judgement when ADC won two House of Representatives seats in Kogi, one Kogi House of Assembly seat, APP one chairmanship seat in Jigawa, Zenith Labour party won several seats in Abia, but they still went ahead and issued judgement for deregistration after the Court of Appeal, a higher court, said it should stay on that.
“If we want to deal with this judicial rascality, can I tell you something? The judge that gave this judgment, nothing will happen to him. Nothing on this earth. They are just coming.
“And who is leading this group? Gbajabiamila. Have you forgotten what Gbajabiamila said on Hon Ajibade’s birthday? So they are just coming. This one is just a test. The next one they will do is the NDC.
“With the way they’re going, if Nigerians don’t shine their eyes when they will finally have this election, you will not have the major contenders in the ballot. This thing they have just done is to test reactions from Nigerians.
“I saw this thing coming. You know we are going into an election in which Atiku Abubakar is the only major candidate from the North. It’s not like the last one you have Kwankwaso that can split the Kano votes. And you have Peter Obi and general consensus that a lot of people are in abject penury, insecurity is raging hard.
“This is the beginning of many things. They are just testing the microphone. It’s engineered. More is coming. Nigerians, it is you that will save your democracy. Judicial reforms have become so important as insecurity in Nigeria.”
The African Democratic Congress (ADC) presidential candidate, former Vice President Atiku Abubakar, has picked former Rivers State Governor and former Minister of Transportation, Rotimi Amaechi, as his running mate.
Announcing the decision, ADC National Publicity Secretary, Bolaji Abdullahi, said Amaechi’s emergence followed broad consultations within the party and reflected his strong performance as runner-up in the party’s presidential primaries as well as his track records of service to his state and the country.
According to the ADC, Amaechi’s extensive experience across both the legislative and executive arms of government, as former Speaker of the Rivers State House of Assembly, two-term Governor of Rivers State, and former Minister of Transportation, makes him uniquely qualified to complement Atiku’s leadership, strengthen the party’s national appeal, and bolster its campaign to offer Nigerians an experienced and credible alternative ahead of the 2027 presidential election.
The party said the choice of Amaechi underscores its commitment to presenting a leadership team with proven governance experience and national appeal as it prepares for the 2027 presidential contest.
ThisDay
