Advocacy Groups Petition NJC Over “Reckless” Kano Court Of Appeal Judgment

A coalition of advocacy groups has submitted a petition to the National Judicial Council (NJC) demanding investigation into the “reckless” Court of Appeal verdict on the disputed Kano governorship election.

In a letter dated November 23, the groups including the Open Justice Alliance raised alarm over glaring contradictions in the November 17 appeal judgment.

According to the petitioners, the contentious verdict led to escalating tension in Kano till security agencies intervened. They condemned the appeal panel comprising Justices Moore Adumein, Bitrus Sanga and Olukayode Ariwoola’s nephew, Lateef Ganiyu.

The groups stated that the judges violated ethics codes and diminished public trust in the judiciary through the widely criticized judgement.

In urging immediate probe of circumstances surrounding the case, the petition declared that the justices’ conduct amounts to “gross recklessness and judicial summersault.”

23rd November, 2023

The Chairman, National Judicial Council

Supreme Court of Nigeria Complex, Three Arms Zone, FCT, Abuja

My Lord,

JUDICIAL RECKLESSNESS AND GROSS ABUSE OF THE REVISED JUDICIAL CODE OF CONDUCT FOR JUDICIAL OFFICERS OF THE FEDERAL REPUBLIC OF NIGERIA 2016 BY HONOURABLE MOORE ASEIMO ABRAHAM ADUMEIN, BITRUS GYARAZAMA SANGA AND LATEEF ADEBAYO GANIYU, JICA

The undersigned coalition, comprising non-profit organizations dedicated to transparency and accountability in the justice sector, particularly the Open Justice Alliance, respectfully brings to your attention our deep concern regarding the recent judgment delivered by the Court of Appeal on November 17, 2023.

In Appeal Number: CA/KN/EP/GOV/KAN/34/2023, between YUSUF ABBA KABIR v. ALL PROGRESSIVES CONGRESS & ORS, their Lordships HONOURABLE MOORE ASEIMO ABRAHAM ADUMEIN, BITRUS GYARAZAMA SANGA, AND LATEEF ADEBAYO GANIYU, JJCA, issued a judgment that has raised significant concerns about the political stability of Kano State.

The specific section of their lead judgment, found on page 67, appears to be inconsistent, leading to confusion about the resolution of live issues in the appeal. The first sentence seemingly favors the 1st Respondent, while the subsequent sentence claims to resolve all issues in favor of the Appellant, resulting in the dismissal of the appeal. Further, the judgment set aside the tribunal’s decision in Petition No. EPT/KN/GOV/01/2023 and awarded costs of N1,000,000.00 to the Appellant against the 1st Respondent.

We raise several questions:

a. Against or in favor of which party did the learned Justices resolve the issues in the appeal?

b. If the appeal was dismissed for lacking merit, why set aside the tribunal’s judgment and award costs to the Appellant?

c. In the case of the nullification of the Appellant’s election, why did the Justices not follow due process outlined in Section 136(2) of the Electoral Act, 2022?

The aforementioned “judicial summersault” has created tensions in Kano State, requiring security agency intervention to prevent a breakdown of law and order. News reports indicate protests and allegations of doctored judgments favoring the All Progressives Congress (APC).

We believe this conduct violates the Revised Judicial Code of Conduct and constitutes a gross violation. We request your Lordship’s immediate investigation into the circumstances surrounding this judgment.

Your Lordship, we appreciate your commitment to upholding the integrity of the judiciary and preserving public confidence. We eagerly await your prompt action in this matter.

Yours faithfully,

Oluwaseyi Arowosebe, Esq.

On behalf of the coalition