A human rights lawyer and activist, Femi Falana, has said the Certified True Copy of the judgement of the Appeal Court upheld the victory of Kano State Governor Abba Yusuf, contrary to the pronouncement of the judges.
Mr Falana, whose comment corroborated DAILY NIGERIAN report, stated this during an interview on Arise TV on Tuesday, saying the contradictions were “scandalous”.
Recall that the court, in its Friday judgement read by the chairman of the three-man panel, Moore Adumein, upheld the judgement of the tribunal, which declared the candidate of All Progressive Congress, Nasiru Gawuna, as winner of the March 18 governorship election in the state.
But when the certified true copy of the judgement was released by the court on Tuesday, this newspaper observed a number of contradictory declarations in the judgement.
In the CTC, duly signed by the three justices, the appellate court went further to award N1,000,0000 cost in favour of the NNPP and against the APC, contrary to its Friday pronouncement.
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 shot itself on the foot, 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 judgement, the court set aside the judgement of the tribunal, which sacked the governor.
“The judgement 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.
Reacting to the confusion, Mr Falana described the development as scandalous to the integrity of the judiciary.
He also faulted the decision of the court to punish millions of voters for the mistake committed by INEC officials.
“You will be surprised if I show you the judgement of Kano. That one was almost scandalous. To my utter dismay, the majority judgement upheld the appeal, set aside the judgement of the lower court, and awarded cost in favour of the governor that was removed by the lower tribunal, contrary to the impression that was given out there.
“The main judgement of the Court of Appeal has confirmed that the judgement of the lower court is wrong and has set it aside in writing and granted all the relief sought by Governor Abba.
“So many contradictions that the court can no longer explain”, Mr Falana added.
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