A drama unfolded yesterday as a certified copy of the Court of Appeal judgment on Kano State governorship election has affirmed the victory of Abba Yusuf as the duly elected governor of Kano state.
In the revelation as contained in the certified true copy of the Appeal court judgment released on Tuesday, the appellate court upheld the victory of Abba Kabiru Yusuf of the New Nigeria Peoples Party NNPP as duly elected Governor of Kano.
The state Attorney-General and Commissioner for Justice, Haruna Isa-Dederi, made the disclosure while addressing newsmen on Tuesday in Kano.
Mr Isa-Dederi said in the fresh revelation as contained 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 in page 67 of the copy of the Appeal Court judgment released on Tuesday and signed by Registrar Jameel Ibrahim Umar, the appellate court upheld the victory of Abba Kabiru Yusuf of the New Nigeria Peoples Party (NNPP) as duly elected Governor of Kano state,” he said.
The three member panel of the Appeal Court on November 17, 2023, had dismissed the appeal filed by Mr Yusuf on the basis of his membership status of NNPP.
The appellate court subsequently affirmed Nasiru Gawuna of the All Progressives Congress, APC as winner of March 25, 2023, governorship poll in Kano.
However, Mr Dederi noted that page 67 of the certified copy of the judgment clearly indicated that the tribunal’s ruling that sacked Mr Yusuf was set aside.
He averred that contrary to what the justices read to the public in the courtroom on the November 17, the written evidence has vindicated Mr Yusuf as the legitimate governor of Kano state.
According to the attorney general, this latest discovery will strengthen their position at the Supreme Court.
Point of contradictions in judgment
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 contradicted itself, 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 judgment, the court set aside the judgment 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.
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.
But the court of appeal in a unanimous ruling on Friday said the governor was not a valid candidate in the March 18 gubernatorial election.
