Well, obviously no one would want him to burn them, but he still would. If he didn't, we'd just lynch him. Right? Otherwise, this would be a very abuseable system.
If fifi flips scum, and a NK does not occur, that would imply that fifi used 10 CP and other scum used enough daytime CP to eliminate their night actions. If we assume 3 scum, one of whom is a commander (12 points total), that would mean at least 2 actions other than fifi's took place.
I was assuming that the extra CP would be used to be on fifi's wagon, but I suppose it could come from other sources. Either way, to the extent that dayCP use is public, the point is that we'd be able to figure things out.
This presupposes that the commander's extra 3 CP apply to their team rather than themselves. Maybe I should ask the Mod for clarification on that point, unless it's in the rules and I just can't remember, etc.
Yes, all Commander bonus points apply to the party, not just the individual.