APC clears air on confusion in Kano Appeal Court Judgment, blames typo errors

APC clears air on confusion in Kano Appeal Court Judgment, blames typo errors

•As NNPP NWC kicks, says the CTC reveals the true intention of the Court

•Calls on NJC, media, other stakeholders to step in.

Joel Oladele, Abuja

The All Progressives Congress (APC) has broken silence over the confusion that followed the Appeal Court judgement in Kano as It was reported in many media outlets that there are discrepancies in the released Certified True Copy(CTC) and the one read by the Judge in court on the 17th of November 2023 in Abuja.

Speaking to journalists at the Party National Secretariat in Abuja on Wednesday, The National Legal Adviser of APC, Prof. Abdulkareem Abubakar Kana said the controversy was as a result of typographic errors and it’s nothing to worry about.

Recall that earlier on Friday, the Appeal Court in its judgement agreed with the judgment of the tribunal, ruling that the fielding of Abba Yusuf was in breach of the Electoral Law as he was not qualified to contest that Election.

However, it was reported on the page 65 of the CTC of the judgement that 

“in the circumstances, I resolve all the issues in favour of the Appellant” (Engr. Yusuf Abba Kabir).

Reacting to this, the APC Legal adviser said such should be jettisoned as it’s not the first time typographic errors would be noticed on CTC and this particular one is nothing to be taken seriously.

“However, those of us who are lawyers know that typographic errors often occur in certified true copy of court judgement. Ordinarily  this wouldn’t have been a confusion if it was probably not a political matter, because it will not be the first time such typographic mistakes will be seen in judgement and being lawyers we have been used to a situation like this all that is done is to merely correct that mistake. The most important thing is a judgement  that was read in open court.

“The merits and other facts of judgement of the tribunal which was delivered in September on September 28, the appeal was upheld. And then if you read through the entirety of the judgement from lead justice, my lord analysed the submissions of different cited cases and the case and arrived at appropriate findings. It gives you an idea what should be the conclusion. But that’s not all. If you read the concurring judgments by two justices, because there are three judges who sat over the appeal. 

“The two justices had explained and clarified their positions. If you have really read the findings of my Lord Honourable justice, the judgement of my lord Justice  Sanders who stated that he has read the judgement of my lord Justice Esibo  and I agree with him completely.

“And therefore dismissing the appeal for lacking merit that explains what he has read because he said he read the draft copy of the documents and he agrees with my lord, dismissing the appeal for lack of merit, my lord honourable justice. My lord Justice Lateef also read and he also delivered his own judgments dismissing the appeal.

” In other words, there were two concurring judgments out of three, which are even clearer, very clear, making it obvious that the last three lines and the concluding part of the judgement of my lord the presiding judge whereby an assertion was made on the CTC not as read in open court finding merit in the appeal and awarding one million costs on the respondents, the first respondents instead of the appellant was clearly and obviously an error. 

“And then, in a situation like this for us lawyers what we do is do a community reading of the entire judgement to see what exactly is the finding of the court. For anyone who reads judgement from page one, all the way to page 72 of the judgments. You will agree that most certainly that assertion will not hold water instead of upholding the judgement of lower court it sets it aside.” Kana noted.

Speaking further, he said  the Court is yet to serve them an official CTC and until that is done, whatever is in circulation is nothing to be taken serious, adding that, on their part, they have requested for it and they await response.

“So, 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 as to where the error happened in the cause of typing the judgement it is for the court to provide explanation and I’m sure the court will have done that by now by taking necessary measures to issue a fresh CTC with respect to an appropriate judgement of the court.

” So for me, I don’t think their is any confusion as it were except for who would prefer that who will continue to see it as a confusion.”

NNPP NWC kicks, says the CTC reveals the true intention of the Court.

Meanwhile, in a related development, the National Working Committee of the New Nigeria Peoples Party (NNPP) in its reaction insisted that the Certified True Copy (CTC) is the true stand of the Court on the case and the concluding part of it could not have been an error.

Addressing journalists in Abuja on Wednesday, the NWC calledb on National Judicial Council (NJC) to step in and ensure the truth prevail.

“At page 67 of the extant judgement in its conclusion held that :

“In the circumstances, I resolve all the issues in favour of the appellant” (Engr. Yusuf Abba Kabir), the judgement of the Tribunal in petition No: EPT/KN/GOV/01/2023 between the All Progressives Congress (APC) vs INEC and 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 Poltical Part and our vandidate have found ourselves.

“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, and 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 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.

“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.” NNPC insisted