The Court of Appeal reiterated its decision yesterday to uphold the judgment that removed Governor Abba Yusuf of Kano State. This decision affirmed the ruling of the Kano State Governorship Tribunal, which declared Dr. Nasiru Gawuna of the All Progressives Congress (APC) as the winner. The Court of Appeal’s position was stated on the same day the NNPP (Nigeria National Peoples Party) filed an appeal at the Supreme Court, also appealing to the National Judicial Council (NJC) to investigate the judgment.
The APC dismissed concerns about reported discrepancies in the Certified True Copy (CTC), stating that it was not a significant issue. Protests erupted in Kano State following an alleged ‘error’ in the Appeal Court judgment that removed Governor Abba Yusuf.
The appellate court acknowledged a clerical error in a portion of its judgment’s CTC, contested by Governor Yusuf and the NNPP. The Chief Registrar, Mr. Umar Bangari, clarified that this error did not invalidate or alter the unanimous conclusion of the three-member panel. He assured that the correction would be made upon formal application by the involved parties, citing the court’s authority under Order 23, Rule 4 of the Court of Appeal Handbook. Contrary to social media insinuations, Bangari affirmed the continued validity of the court’s judgment.
The NNPP alleged that the appellate court’s judgment, removing its candidate Yusuf, was doctored, leading to a change in the original panel’s conclusion. The party appealed to the NJC to investigate the judgment, emphasizing the disparity between the CTC and the Appeal Court’s pronouncement. The NNPP pledged to challenge the verdict at the Supreme Court and urged prompt investigation by the NJC.
In response to INEC’s announcement of Yusuf’s victory, the APC went to the Tribunal, which ruled in their favor on September 20, 2023. Governor Yusuf then appealed to the Court of Appeal, which delivered its judgment on November 17, 2023. Efforts to obtain the CTC for the NNPP’s legal team were initially unsuccessful, raising concerns. When finally obtained, the CTC showed a favorable judgment for Governor Yusuf, contradicting the Appeal Court’s decision.
The NNPP, in a 10-ground appeal, requested the Supreme Court to nullify the entire judgment except the conclusion at page 67 of the CTC, maintaining that the judgment was perverse. The party also urged the Supreme Court to uphold the portion awarding N1 million in its favor against the APC candidate, Gawuna.
The APC’s National Legal Adviser, Prof. Abdulkareem Kana, addressed concerns about the judgment, emphasizing that typographical errors were common but did not affect the judgment read in open court. Kana stated that the party would take necessary steps based on the certified true copy once received, and he called for a comprehensive reading of the judgment.
Protests erupted in Kano, prompting police intervention, as demonstrators demanded justice for Governor Yusuf. The police dispersed the protesters, and tensions rose with the public becoming aware of the reported disparities in the CTC.
The Court of Appeal had earlier removed Governor Yusuf of NNPP on November 17, declaring Gawuna of APC as the valid winner and awarding a cost of N1 million against Governor Yusuf. The court emphasized that evidence proved Yusuf was not an NNPP member during the election, making him ineligible to contest.
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