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 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.