As Court Of Appeal Justices face accusations of tweaking Kano Governor verdict

*Accuses Court Of Appeal Justices Of Illegal Judgment Corrections

Chidi Anselm Odinkalu, a distinguished human rights law practitioner and Professor of Practice in International Human Rights Law at the Fletcher School, has ignited concern over the recent developments in the Kano Governorship Election Petition Tribunal. The justices involved, namely JUSTICE ABRAHAM ADUMEIN MOORE ASEIMO, JUSTICE GYARAZAMA SANGA BITRUS, and JUSTICE GANIYU LATEEF ADEBAYO, have become central figures in a brewing controversy.

Prof. Chidi Odinkalu highlighted that while the appellate court panel led by Justice Abraham Aseimo had verbally upheld the tribunal judgement sacking Governor Abba Yusuf last week, the certified true copy (CTC) of the ruling revealed the judges had actually set aside the lower court order.

Odinkalu took to Twitter to express his discontent, raising the alarming possibility of judicial corruption. He asserted, “I am hearing this evening that the court has been asking the lawyers to return the judgment for ‘correction.’ But this does not fall within the ambit of the #SlipRule.

This is #JudicialCorruption on the face of the record.” His suggestion that the Court of Appeal might have altered the judgment after concluding deliberations emphasizes the gravity of the situation.

Chioma Unini, publisher of TheNigeriaLawyer, joined the chorus of concern, labeling the situation a “loud judicial shame.” She questioned the feasibility of holding the responsible parties accountable and expressed astonishment at a judgment ruling in favor of both the appellant and the respondent.

According to certified true copies, the Appeal court initially upheld Abba Yusuf’s victory and awarded N1 million to both Abba Yusuf and NNPP. However, reports suggest that the judges, after receiving the real judgment, made an unexpected announcement, raising concerns about compromise and potential misconduct.

In the lead judgment delivered by Justice Moore Aseimo Abraham Adumein, the justice held in one of the concluding paragraphs on Page 68 that “I will conclude by stating that the live issues in this appeal are hereby resolved in favour of the 1st respondent and against the appellant.”

The appellant in the appeal is Governor Abba Kabir Yusuf while the 1st respondent is the All Progressives Congress (APC) with the Independent National Electoral Commission (INEC) and the NNPP as 2nd and 3rd respondents. The judge went further to hold that “In the circumstances, I resolve all the issues in favour of the appellant and against the 1st respondent.

“Therefore, I find no merit in this appeal which is liable to be and is hereby dismissed. The judgment 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 sum of N1,000,000.00 (one million naira only) is hereby awarded as costs in favour of the appellant and against the 1st respondent.”

While the last three conclusions of the judge were considered to mean that the tribunal judgment sacking Governor Yusuf had been set aside and thus restoring his mandate, the first conclusion that resolved the issues in favour of APC meant that the decision of the tribunal was affirmed.

More confusing, in the consenting judgment delivered by Justice Bitrus G. Sanga on Page 69, the judge held that “My brother in the leading judgment considered the pleadings of the parties, the evidence adduced in support thereof together with statutory and judicial authorities cited, quoted and relied upon before reaching the inevitable decision that this appeal is bereft of merit.

“I agree with and adopt as mine the finding and conclusion reached by my learned brother and also dismissed this appeal and affirm the decision by the trial Tribunal in its judgment delivered on 20/9/2023 in Petition No. EPT/KN/GOV/01/2023.” Also, the third justice on the panel, Justice Lateef Ganiyu in his consenting judgment held on Page 72 that “

In the circumstance, I am of solemn view that this Appeal is liable to be and is hereby dismissed. Iabide with the consequential order as to cost.”

The case highlights the need for thorough investigations and reforms within the Nigerian judiciary to ensure fairness, integrity, and public trust in the legal system.

The appeal court is yet to address the contentions around its inconsistent verdicts on the high-profile Kano contest, seen as a test for 2023 polls. Yusuf and the NNPP retain governorship control pending final resolution.

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