The National Judicial Council (NJC) has been tasked by the New Nigeria Peoples Party (NNPP) to look into the ruling on its appeal. The party claims that its candidate for governor of Kano State was declared the winner based on the Certified True Copy (CTC) of the Appeal Court’s ruling.
Speaking at a news conference in Abuja, Abba Kawu Ali, the National Chairman of the NNPP, stated that although they were appealing the case in the Supreme Court, they still wanted the NJC to immediately start looking into what went wrong at the appeal court.
“We are an interested party. We own the platform on which Engr. Abba Kabir Yusuf ran for the election and was declared the winner. We are calling on the National Judicial Council (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,” NNPP said.
The Independent National Electoral Commission, the electoral umpire, announced that the NNPP will not back down in their pursuit of justice and the return of the mandate freely and voluntarily granted to their candidate in the Kano State governorship election on March 18, 2023, Engr. Abba Kabir Yusuf (INEC).
“The announcement by INEC prompted the All Progressives Congress APC, (but please note this, without their Candidate) to go to the Tribunal to challenge Engr. Abba Kabir Yusuf’s victory and the Tribunal on September 20 2023, delivered its ruling and gave victory to the APC Candidate who was not part of the case!
“The Governor, Engr. Abba Kabir Yusuf promptly proceeded to the Appeal Court, and three Justices, Honorable Justice Moore Aseimo Abraham Adumien JCA; Honorable Justice Bitrus Gyarazama Sanga JCA; and Honorable Justice Lateef Adebayo Ganiyu JCA heard the matter and delivered their judgment in the Appeal No/ CA/KN/ EP/GOV/KAN/34/2023, on Friday, November 17, 2023.
“All efforts to get the Certified True Copies (CTC) of the judgement for our Legal team, up till yesterday, Tuesday, November 21, 2023 to prepare our processes for the appeal proved abortive and this prompted the alarm we raised up till yesterday morning, because time was running out on us.
“We all know that the appeal must be filed within 14 days. Now we wish to inform the world that we were finally able to collect the CTC yesterday afternoon.
“Ladies and Gentlemen of the Press, to our greatest surprise, the CTC showed that the judgment delivered by Honorable Justice Moore Aseimo Abraham Adumein (JCA) and concurred to by Honorable Justice Bitrus Gyarazama JCA, and Honorable Justice Lateef Adebayo Ganiyu (JCA) is actually in favour of our Candidate, the Governor of Kano State, Engr. Abba Kabir Yusuf.
“At page 67 of the extant judgment in its conclusive findings held inter alia:”In the circumstances, I resolve all the issues in favour of the Appellant” (Engr. Yusuf Abba Kabir)” the judgment of the Tribunal in petition No: EPT/KN/GOV/01/2023 between the All Progressives Congress (APC) Vs INEC & 2 others delivered on the 20th day of September 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 (Engr. Abba Kabir Yusuf) and against the 1st respondent” (APC). Ladies and Gentlemen of the Press, this is the complex situation we as a Political Party and our Candidate have found ourselves,” NNPP said adding that if at the point of delivering the judgement, there was a pronouncement that their Appeal failed but the CTC of the same judgement in its conclusive findings actually resolved all the issues in their favour, and even awarded costs in their favour against the APC, that was definitely a riddle.
“In addition we call on Leaders, elders and other major Stakeholders in the Nigerian project, including the media, to step into this matter to avert the danger this type of signal from the judiciary portends for our democracy in particular, and our country in general.
“From the scenario presented by the judgement above, it is crystal clear that something is wrong somewhere and the onus is on all of us as Nigerians to unearth the riddle. Ladies and Gentlemen of the press, 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.
“It is clear to us that the only conclusion that can be drawn from this judicial debacle is that the average reasonable person can only conclude that the Court of Appeal changed the judgment after they had concluded deliberations on the matter, and then mistakenly left the original conclusion during the cutting and pasting process! 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 National Judicial Council 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. We cannot conclude this speech without using this opportunity to make some clarifications, especially on the issue of membership of Engr. Abba Kabir Yusuf, for record purposes. Engr. Abba Kabir Yusuf is a genuine bonafide member of our great party, the New Nigeria People’s Party (NNPP). He registered in his Diso- Chiranchi Ward in the Gwale Local Government Area of Kano State.
He took part in all the processes e.g. Screening in May 2022, leading to the Primaries in June 2022, where he emerged as the Candidate of NNPP. A process monitored by officials of INEC and security agencies. His name and particulars including but not limited to, information about his nomination forms, Expression of Interest Forms, membership card etc were uploaded to the INEC portal and his name was accordingly published by INEC.
When there was no complaint about his nomination, his name was later published in the final list of Candidates by INEC,” NNPP also said through the text read by its National Secretary, Dipo Olayoku.
