On Wednesday, the Court of Appeal published an additional Certified True Copy (CTC) of its decision regarding the Kano State gubernatorial election. Barely 24 hours after releasing the first CTC, the appeal court issued the new CTC ruling, which included an award of N1 million against the All Progressives Congress (APC) and an order upholding Governor Kabir Yusuf’s election.
The Court of Appeal released the updated certified copy, a 68-page document, on Wednesday. The Court of Appeal has been the target of criticism from Nigerians on the contentious CTC.
The court has now reversed itself and mandated that the Kano governor instead pay N1 million in fees to the All Progressives Congress (APC).
The Court of Appeal stated that Governor Yusuf’s appeal was denied in the latest CTC, which SaharaReporters was able to view. Justice Moore Aseimo Abraham Adumen read the court’s decision.
The justice said, “A person must first be a member of a political party before that party can legally or validly sponsor him as a candidate for a general election. Where a political party carelessly sponsors a person who is not its member as a candidate for an election, such an act of sponsorship, like a court or tribunal, which undertakes to exercise jurisdiction, which it does not have or possess, is nothing but a nullity, irrespective of whether such a person performs excellently well in the questioned election. Sponsorship without membership is like putting something on nothing and it cannot stand.
“The applicable legal maxim is: “Ex nihilo nihil fit” which means: “From nothing nothing comes”. In this case, the 3rd respondent shot herself in the foot by undertaking to sponsor the appellant before fishing for his membership of the party after the election.
“By way of a subtle reminder to our political actors and players, this case is an obvious example of a political party or some of its members acting with brazen, imperforate or impervious impunity, as if the Constitution of the Federal Republic of Nigeria, 1999 (as amended) is not binding; by presenting a person as its candidate for a serious general election when, by its own member register, it is ex facie manifest that the person was not its member before the election. The same political party, or members thereof, would wake up to accuse the Judiciary of sundry wrongdoings, including the infamous allegation of corrupt practices.
“From the facts of this case, I am tempted to think and say that within the collective conscience of the appellant and the 3rd respondent, they know the truth of this matter And I am reminded of those indelible and evergreen words, credited to the highly revered sage Uthman Dan Fodio, that: “Conscience is like an open wound, only truth can heal it” I will say no more
“I will conclude by stating that the live issues in this appeal are now resolved in favour of the 1st respondent and against the appellant. In the circumstances, I resolve all the issues in favour of the 1st respondent and against the appellant.
“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 affirmed.
“The sum of N1,000,000.00 (one million naira only) is hereby awarded as costs in favour of the 1st respondent and against the appellant.”
Recall that, in accordance with the certified copy of the decision made public on Tuesday, the Court of Appeal overturned the Kano Governorship Election Tribunal’s decision to remove Governor Kabir Yusuf and mandate that the All Progressives Congress (APC) give him a N1 million payout.
As to the official court record, the verdict of the election tribunal in the APC-governor petition, PT/KN/GOV/01/2023, was overturned by the appellate court.
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