Kano governorship: NNPP calls for CJN’s investigation into Appeal Court’s CTC

Kano governorship: NNPP calls for CJN’s investigation into Appeal Court’s CTC

By Emmanuel Oloniruha

The New Nigeria People’s Party (NNPP) has called for the National Judicial Council (NJC) immediate investigation into the contradiction between the pronounced judgment of the Appeal Court and its issued Certified True Copies (CTC), on the Kano State governorship election.

The party made the call at a news conference in a speech signed by the party acting National Chairman, Ali Kawu, and read by the party National Secretary, Mr Dipo Olayoku in Abuja on Wednesday.

Olayoku said that contrary to the judgment delivered by the Court of Appeal upturning the victory of Gov. Abba Yusuf, the CTC released by the court revealed that the judgment was in favour of the NNPP.

The Kano State Governorship Election Tribunal had on Sept. 20 upturned the victory of Yusuf, and declared Nasiru Gawun of the All Progressives Congress (APC) winner of the March 25 election.

Also the three member panel of the Appeal Court on Friday, Nov. 17 dismissed the appeal filed by the Yusuf and upheld the earlier decision of the Tribunal.

Olayoku said that after much delay and several efforts, the NNPP legal team on Tuesday received the CTC of the Appeal Court judgement on Tuesday afternoon to prepare its processes for appeal at the Supreme Court.

He, however, said that: “to our greatest surprise, the CTC showed that the judgement delivered by Justice Moore Adumein and concurred to by Justices Bitrus Gyarazama , and Lateef Ganiyu is actually in favour of our candidate, Gov. Yusuf.

“At page 67 of the extant judgement in its conclusive findings held inter alia: ‘In the circumstances, I resolve all the issues in favour of the Appellant’(Yusuf)

“The judgement of the Tribunal in petition No: EPT/KN/GOV/01/2023 between the All Progressives Congress (APC) Vs INEC & 2 others delivered on Sept. 20, 2023 is hereby set aside. “

Olayoku added that the CTC in which photocopies of the concluding page was made available to journalists also stated that “sum of One Million Naira only is hereby awarded as costs in favour of the appellant (Yusuf) and against the 1st respondent”, (APC).

He said that the party and its candidate, now found themselves in complex situation that must be investigated.

“If at the point of delivering the judgement, there was a pronouncement that our Appeal failed but the CTC of the same judgement in its conclusive findings actually resolved all the issues in our favour.

“It even awarded costs in our favour against the APC, this definitely is a riddle!

“We are an interested party. We own the platform on which Yusuf ran for the election and was declared the winner.

“We are calling on the NJC, to without delay commence investigation to unravel what happened in the matter.

“Also, we are calling on eminent members of the bench (both retired and serving) and the bar, to be interested in what happened that we have the kind of scenario presented in the CTC of the judgement of the Appeal Court, “ he said.

Olayoku also called on leaders, elders and other major stakeholders in the Nigerian project, including the media, to step into the matter in the interest of Nigeria democracy.

He said that from the scenario presented by the judgement, it was crystal clear that something went wrong and the riddle must be unearth.

“For emphasis, this is not just a mistake that can merely be “corrected” by the Court of Appeal as it doesn’t fall within the ambit of the “Slip Rule”, where a Court can recall the document and correct an error.

“Such errors must be so obvious that their correction cannot generate any controversy, regarding the Judgment or decision of the Court.

“By the same token, such errors must be of such nature that their correction would not change the substance of the Judgment or alter the clear intention of the Court,” Olayoku said.

He alleged that the judgement was changed after deliberations on the matter had been concluded and the court mistakenly left the original written judgment during the editing.

“Whilst our legal team proceeds to lodge our appeal with the Supreme Court, we once again call for a thorough investigation of this debacle by the NJC, and if need be for the appointment by the NJC, of an independent investigator to carry out the task.

“However, our faith in the Judiciary remains unshaken,” he said.

Olayoku also insisted that Yusuf is a bonafide member of NNPP who registered in his Diso- Chiranchi Ward in the Gwale Local Government Area of Kano State.

He added that Yusuf also took part in all required processes for his nomination by the party including screening in May 2022, NNPP Primaries in June 2022, where he emerged as the party candidate.

Meanwhile,  the Chief Registrar of the Court of Appeal, Mr Umar Bangari at a news conference on Wednesday in Abuja, said what happened in the judgment copy was a clerical error that did not in anyway invalidate or change the findings and conclusion of the Court.

“The clerical error will be rectified once parties in the matter file formal application to that effect,” he said.