The Kano State Government has said the Certified True Copy (CTC) of the Appeal Court Judgement on the Kano state governorship election has shown that Governor Abba Yusuf was duly elected.
The state Attorney General and Commissioner for Justice, Haruna Isa-Dederi, made this known while addressing a news conference on Wednesday in Kano, the state capital.
Isa-Dederi said in the fresh revelation, as indicated in the written judgement, the Court of Appeal set aside the judgement of the Kano election petition tribunal for lacking in merit.
The commissioner said that page 67 of the certified copy of the judgement indicated that the tribunal’s ruling that sacked Governor Yusuf was set aside.
Isa-Dederi said contrary to what the judges read to the public in the courtroom on November 17, the written evidence has vindicated Yusuf as the legitimate governor of Kano.
He said: “The evidence contained on page 67 of the copy of the Appeal Court judgement 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.”
The controversy has trailed the Certified True Copy (CTC) of the Court of Appeal judgment delivered on the Kano State governorship election released on Tuesday.
In the lead judgment delivered by Justice Moore Aseimo Abraham Adumein, the judge held in one of the concluding paragraphs on Page 68 that “I will conclude by stating that the live issues in this appeal are hereby resolved in favour of the 1st respondent and against the appellant.”
The appellant is Governor Yusuf, while the 1st respondent is the All-Progressives Congress (APC), with the Independent National Electoral Commission and the NNPP as 2nd and 3rd respondents respectively.
The judge further held that “In the circumstances, I resolve all the issues in favour of the appellant and against the 1st 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 ALL PROGRESSIVES CONGRESS (APC) v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & 2 ORS delivered on September 20 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.”
While the last three conclusions of the judge suggested that the tribunal judgment sacking Governor Yusuf had been set aside and thus restored his mandate, the first conclusion that resolved the issues in favour of APC suggested that the tribunal’s decision was affirmed.
In the consenting judgment delivered by Justice Bitrus G. Sanga on Page 69, the judge held that “My brother, in the leading judgment, considered the pleadings of the parties, the evidence adduced in support thereof together with statutory and judicial authorities cited, quoted and relied upon before reaching the inevitable decision that this appeal is bereft of merit.
“I agree with and adopt as mine the finding and conclusion reached by my learned brother and also dismissed this appeal and affirm the decision by the trial Tribunal in its judgment delivered on 20/9/2023 in Petition No. EPT/KN/GOV/01/2023.”
