Kano poll controversy: Police, NNPP protesters clash, more cloud over judgment
•Court, APC blame clerical error, NNPP, Labour Party insist judgment doctored
•Yusuf heads for S’Court, says verdict is grave miscarriage of justice
Youths believed to be supporters of the New Nigeria People’s Party on Wednesday stormed the Kofar Nasarawa area of the Kano metropolis in protest against the alleged contradictions in the judgment of the Court of Appeal, which sacked the state Governor, Abba Yusuf.
The youth after attending a special prayer organised for the governor by the residents of the area at 2 pm started the protest.
The protesters clashed with policemen dispatched to the area to quell the protest.
As youths protested in Kano, confusion over the judgment persisted on Wednesday as the NNPP and the Labour Party dismissed the statements of the Court of Appeal and the All Progressive Congress that the mix-up in the Certified True Copy of the judgment was a mere clerical error.
The appellate court had in its judgment on Friday reaffirmed the sacking of the governor by the state election petitions tribunal.
But contrary to Friday’s judgment, the CTC indicated that the Court of Appeal resolved all the issues in the appeal in favour of the appellant, the governor, who was the NNPP candidate, and set aside the ruling of the state governorship election tribunal which sacked him.
Kano protest
There was tension in Kano on Wednesday when the NNPP supporters began a protest in the Kofar Nasarawa area after a prayer organised for the governor.
The protesters blocked the road in the community with bonfires and wood, disrupting vehicular movements.
About 30 minutes after the protest started, the state police command dispatched its personnel to disperse the protesters, who resisted the security personnel by throwing sticks and stones at the policemen.
The protesters were later dispersed by policemen who threw teargas canisters at them.
When contacted, the Public Relations Officer of the state police command, SP Abdullahi Haruna, said he was not in town.
Reacting to the alleged contradictions in the judgment, the NNPP acting National Chairman, Abba Ali, who was represented by National Secretary Dipo Olayoku, at a press conference in Abuja on Wednesday alleged that the ruling was tampered with.
Olayoku stated, “If at the point of delivering the judgment, there was a pronouncement that our appeal failed but the CTC of the same judgment in its conclusive findings actually resolved all the issues in our favour, and even awarded costs in our favour against the APC, this definitely is a riddle.
“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 it had concluded deliberations on the matter, and then mistakenly left the original conclusion during the cutting and pasting process.
“To our greatest surprise, the CTC showed that the judgment delivered by Justice Moore Aseimo Abraham Adumein, JCA, and concurred to by Justice Bitrus Gyarazama JCA, Justice Lateef Adebayo Ganiyu, JCA is actually in favour of our candidate, the Governor of Kano State, Abba Kabir Yusuf.
“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 judgment of the Appeal Court.
“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,” he said.
Also, the chief spokesman for Labour Party Campaign Organisation, Yunusa Tanko, in an interview with The PUNCH, disclosed that it was almost impossible to get away from a crime without leaving some clues.
He said, “When you want to commit a crime, one way or the other, you will leave a trace or unnoticed clue that will lead to your arrest. What we have seen here is that the judiciary, by God’s intervention, left a clue to expose them and their dirty dealings. In this case, they didn’t even leave one. There were about three clues that show they were not able to clinically deal with their crime against the people. But it will not stand.’’
APC’s stand
But the All Progressives Congress dismissed allegations by the opposition parties, insisting that its candidate, Dr Nasiru Gawuna, won the appeal.
At a press conference on Wednesday, the National Legal Adviser of the APC, Prof Abdulkareem Kana, attributed the mix-up in the CTC to clerical errors.
He stated, “Those of us who are lawyers know that typographic errors often occur in certified true copies of court judgments. Ordinarily, there wouldn’t have been confusion if it was not a political matter. It will not be the first time such typographic mistakes will be seen in judgments and being lawyers, we are used to a situation like this. All that is required is to merely correct the mistake. The most important thing is a judgment that was read in open court.
“In a situation like this, what we lawyers do is a community reading of the entire judgment to see the exact finding of the court. For anyone who reads the judgment from page one all the way to page 72, you will agree most certainly that assertion will not hold water instead of upholding the judgment of the lower court, it sets it aside.
“I don’t think the explanation needs to come from us. But for us, we can only render our own perspective as a party to the entire uproar that is going on. But as to the explanation of where the error happened in the cause of typing the judgment, it is for the court to provide an explanation. I am sure the court would have done that by now by taking necessary measures to issue a fresh CTC with respect to an appropriate judgment of the court. So for me, I don’t think there is any confusion anywhere except for those who prefer to continue to see it as confusion.”
Clerical error
Also, the Chief Registrar of the Court of Appeal, Umar Mohammed Bangari, said there was no contradiction in the judgment.
In a statement in Abuja on Wednesday, he stated, “What happened in the part of the judgment is just a mere clerical error that ought not to draw any issue. The court is empowered to correct such clerical errors and would be done as appropriate.
“The clerical error would be rectified once parties in the matter file formal application to that effect. Order 23 Rule 4 of the Court of Appeal Handbook empowers the court to correct any clerical error once detected by the court or any of the parties in the matter. However, contrary to insinuations, the judgment of the court remains valid.”
Meanwhile, the governor, on Wednesday filed an appeal at the Supreme Court, challenging his removal as by the appeal court last week.
The notice of appeal was filed by the NNPP and Yusuf joined the Independent National Electoral Commission, the APC and its governorship candidate as respondents.
The document, which lists 10 grounds of appeal against the judgement of the appellate court, seek three reliefs from the Supreme Court, as follows:
“An order allowing the appeal and setting aside the judgment of the Court of Appeal delivered on 17th November 2023.
“An order upholding the portion of the judgment of the court of appeal setting aside the judgment of the trial tribunal in petition No: EPT/RV/GOV/11/2023 and making an order as costs in favour of the appellant.
He also faulted the judgment, describing it as a grave miscarriage of justice.
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