A Senior Advocate of Nigeria (SAN) and human rights lawyer, Femi Falana, has reacted to the emergence of the Certified True Copy (CTC) of Court of Appeal’s judgement affirming the election of Abba Yusuf as Kano State governor.
Politics Nigeria reports that the chairman of the three-man panel, Moore Adumein, upheld the judgement of the tribunal, which declared the candidate of All Progressive Congress (APC), 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, a number of contradictory declarations in the judgement were observed.
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).”
“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, Falana described the development as scandalous to the integrity of the judiciary.
The legal luminary also faulted the decision of the court to punish millions of voters for the mistake committed by INEC officials.
His words: “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”, Falana added.
It’s plausibly that the judge, in the course of delivering the judgement, ceased to be a reasonable person