The All Progressives Congress (APC) yesterday said it was yet to receive the Certified True Copy (CTC) of the Appeal Court judgment on the Kano State governorship election.
The APC national legal adviser, Prof. Abdulkareem Abubakar Kana, disclosed this while briefing journalists at the party’s national secretariat in Abuja.
This followed that contrary to the general impression that the Court of Appeal had nullified the election of Governor Abba Kabir Yusuf of Kano State, the majority judgement of the Court upheld his appeal and granted all the reliefs sought by the governor.
The appellate court last Friday upheld the decision of the petition tribunal sacking Governor Abba Yusuf, but the CTC of the judgment showed that the NNPP candidate’s victory at the poll was affirmed by the appeal court.
But the APC legal adviser told journalists the party is yet to receive the Certified True Copy of the judgement.
He said the pronouncement of the court during judgement delivery cannot differ from what is contained in the CTC, stressing that if that happens, it could have been a typographical error.
Kana said: “Those of us who are lawyers know that typographic errors often occur in certified true copy of court judgement ordinarily wouldn’t have been 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 judgment that was read in open court.
“The merits and other facts of the judgement of the tribunal which was delivered 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 of what should be the conclusion. But that’s not all.
“If you read the concurring judgements by two justices because there are three judges who sat over the appeal. The two justices had explained and clarified their positions. If you’re reading the findings of my Lord Honourable Justice, the judgement of my lord Justice Bitrus Sanga who stated that he has read the judgement of my Lord Justice Aseimo and agreed 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.
“In a situation like this for us lawyers what we do, is to do a community reading of the entire judgement to see what exactly the finding of the court is. For anyone who reads judgement from page one, all the way to page 72 of the judgements. You will agree that most certainly that assertion will not hold water instead of upholding the judgement of lower court it sets it aside.
“As far as my office is concerned, we have not received an official copy of the Certified True Copy of the judgement.
But we will write and get a copy.
“If the copy that will be conveyed to us still contains this error, we will take steps eventually. Until the CTC contains that error, which is being bantered around, we will now know what to do next.
“So for me, I don’t think there is any confusion as it were except for who would prefer that and who will continue to see it as confusing.”
