Crisis Looms, Police Vows Crackdown As APC, NNPP Supporters Set For Protest
There was tension in Kano city on Friday as supporters of the ruling New Nigeria People’s Party and the All Progressives Congress vowed to go ahead with their planned protests today (Saturday) in defiance of warnings by the state police command.
The separate protests are for and against the Court of Appeal ruling, which affirmed the governorship election petitions tribunal’s judgment removing Governor Abba Yusuf of the NNPP.
The NNPP supporters are protesting against the judgment of the appellate court and the emergence of a conflicting written judgment that affirmed Yusuf as the duly elected governor, but the court later explained that the removal of the governor was valid as the conflicting written judgment was a clerical error.
On the other hand, supporters of the APC are insisting on their planned protest in support of the party’s governorship candidate, Dr Nasiru Gawuna.
The state police command, however, warned that it would not allow any unauthorised protest capable of snowballing into violence, adding that it would deal decisively with organisers of such and anyone caught fomenting trouble.
The warning was contained in a statement on Friday by the command’s Public Relations Officer, SP Abdullahi Haruna, on behalf of state Commissioner of Police, Mr Husaini Gumel.
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The statement read in part, “Credible information at the command’s disposal revealed that some groups of people claiming to be political party supporters of both the NNPP and the APC are using various media platforms and mobilising people and planning to enter the streets on Saturday, 25th of November, 2023 to stage protests against the Kano State governorship Appeal Court’s verdict.
“The information further revealed that the intention of the protesters is to shut down the state and attack prominent political party opponents; an action which may likely result in violence.
”At this juncture, the police command is making it categorically clear that no formal notice was received from any of these political parties about the plan to conduct any protest or gathering.”
Haruna added, “The police command is issuing this warning to all residents of the state to be extra careful as whoever intends to conduct any protest or procession should do so only in accordance with the provisions of the law.
“Furthermore, the position of the law is very clear; whoever attempts to disrupt the peace in the state will be arrested and made to face the wrath of the law.
“You will all recall that before and after the Court of Appeal ruling, the leaderships of both the NNPP and the APC had attended a peace meeting and signed an accord among themselves before the Kano State Police Command where both buttressed their stand of working with the security agencies for the promotion of sustainable peace.
“In view of the above, the Commissioner of Police, Kano State Police Command, Mohammed Usaini Gumel, calls on all residents to maintain calmness and avoid any form of unlawful gathering, protest, or procession that may trigger violence as joint security forces have since been dispatched to strategic locations to safeguard peace and order throughout the state.”
Military on alert
The Commander of the 3rd Brigade, Kano, Nigerian Army, Brigadier General Jamiu Are, during a courtesy call to him by the leadership of the Kano State Correspondents’ Chapel, gave an assurance that the military would collaborate with the state police command to ensure peaceful co-existence in Kano State.
Are said, “Kano is the commercial nerve centre of the North, and we cannot compromise its security, as it will disrupt the economy of the region in particular and the country at large.
“Kano is not only central, but the nerve centre of all activities in the northern part of the country and the commercial nerve centre of the region. Whatever happens in Kano will spread to parts of the North.”
He pledged that the military would continue to collaborate with other security agencies in the state, like the Department of State Services, the police and the Nigerian Security and Civil Defence Corps to ensure that the security of lives and property was secured.
Are added, “We do not want anything to happen to Kano; that is why insecurity has been contained in Kano.
“This is possible because of so many factors, including the synergy among all the security agencies. Rest assured that all of us that are involved as security agencies are working as one in the way we work.”
Govt blames opposition
When contacted for his reaction on the threat by both the APC and the NNPP to stage protests, the state Commissioner for Information, Baba Halilu Dantiye, stated that the position of the government was that the protest was largely being organised by the opposition to discredit the government.
According to him, the opposition is staging a protest ostensibly to cause a breach of the peace.
“We are happy that the state government has called on the security agencies to ensure that they protect lives and property of the people,” the commissioner added.
Dantiye noted that the governor appealed to the good people of Kano to remain calm and have faith in the judicial process of the country.
He said Governor Yusuf called on the people to remain calm and maintain peace and not cause any harm or engage in anything that would cause the destruction of lives and property.
When contacted last night, the Vice Chairman of the APC in the state, Shehu Maigari, said he was not aware of any planned protest by members or supporters of the party.
According to him, the APC alongside its leadership and numerous supporters is a peace loving party that will never engage in any protest to destabilise the peaceful atmosphere being enjoyed in state.
“If anyone dares to intimidate or harass either its leadership or members, the APC will not fold its arms but will defend itself,” he added.
APC chieftain pleads
A chieftain of the APC in the state, Garba Yaryasa, advised supporters of the NNPP to allow peace to reign so as not to plunge the state into crisis.
Yaryasa, who is a former co-ordinator of the Tinubu Camping Organisation for Kano South, gave the advice in an interview with one of our correspondents in Kano on Thursday.
“Desperation and confrontation is not the best way of approaching issues. So, there is a need for the political actors and their supporters in the state to promote peaceful coexistence,” he said.
Yaryasa, who was reacting to the planned protest, urged the leadership of the NNPP to desist from heating up the polity and stop unguarded utterances on the Appeal Court judgment, and allow the Supreme Court to decide on what to do.
He added, “We are all brothers and sisters. So, I see no reason why people who are from the same family should engage in something that can create enmity among them.
“Kano has for long been enjoying peace, so why now, because of the Appeal Court judgment, will people begin to incite chaos?
citement can lead to public disorder. The events unfolding in the state call for great concern.
“We are calling on all our security agencies to be alive to their responsibilities for peace to reign in the state.”
On Wednesday, policemen were seen dispersing protesters in the Dan Agundi area of the state.
The protesters had attended a special prayer organised by residents of Kofar Nasarawa in Kano metropolis before starting the protest.
From pictures circulating online, one of the protesters was seen holding a “Justice for Kano” banner.
It was gathered that the protesters, who had set up bonfires along the road, were later dispersed by armed policemen deployed in the area.
‘You can’t correct errors’
Counsel for the governor, Chief Wole Olanipekun, SAN, insisted that the appellate court could not correct what it claimed to be mere clerical errors.
He said the appellate court lacked the powers to effect any correction in the judgment, having become functus officio in the case.
In a letter to the Deputy Chief Registrar of the court dated November 23, 2023 and titled: Re: Retrieval of certified true copy of judgment in appeal NO: CA/KN/EP/GOV/KAN/34/2023 – Abba Kabir Yusuf and All Progressives Congress & Ors, the lawyer stated that the 60 days allowed by law for the appellate court to hear and determine the appeal expired on November 18, and as such, the court no longer had the power to correct any perceived error in the judgment.
He stated, “As officers in the Temple of Justice, we believe we owe the institution, as well as the respected Court of Appeal, a duty to highlight and address some very pertinent issues arising out of your said letter, including, but not limited to:
“Timely disposal of appeal: The judgement of the lower Tribunal was delivered on 20th September 2023. By the imperative of Section 285(7) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Court of Appeal had only sixty (60) days to ‘hear and dispose’ of the appeal arising from the judgement of the Tribunal. Most humbly, the Constitution applies the word ‘within’ and not ‘from’ the date of the delivery of the judgement of the Tribunal.
“Constitutional mandate: Further to the above, the Court of Appeal, by the same constitutional dictate, had up until Saturday, November 18, 2023, to ‘hear and dispose’ of the appeal filed by our client (the appellant) to the Court of Appeal against the decision of the Governorship Election Tribunal, sitting in Kano. Several judicial precedents of the Supreme Court and the Court of Appeal itself abound in our Law Reports on this subject, which has now become trite.
“Function of the court: Assuming without conceding that the judgement has some errors, whether typographical or otherwise, we humbly and dutifully draw your attention to the fact that the Court of Appeal became functus officio in the matter on Saturday, November 18, 2023.
“Any application for correction of errors can only be entertained by the Supreme Court. Section 285(7) of the Constitution earlier referred to becomes very handy and imperative to the effect that the Court of Appeal cannot take any further step in the appeal or subject after the expiration of sixty (60) days.”