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Correction of Kano Judgment: Olanipekun faults attempt to rectify Appeal Court’s verdict

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Nasiru Yusuf Ibrahim

Chief Wole Olanipekun (SAN) has turned down the Court of Appeal’s request to retrieve its recently issued certified true copy judgment on the Kano governorship election for alleged errors.

KANO FOCUS reports that in a strongly worded response on Thursday, Olanipekun faulted the Court of Appeal’s attempt to recall the judgment after providing it to his client and appellant, Abba Kabir Yusuf, on November 21st.

The senior advocate argued that the court became functus officio following expiry of the constitutionally mandated 60-day deadline for election appeals on November 18th.

Olanipekun insisted that any correction application can only be entertained henceforth by the Supreme Court. He warned that withdrawing the judgment will inhibit Yusuf’s right to appeal within 14 days.

The lawyer also countered the claim that parties had applied for rectification of errors, stressing none exists from their end. He reiterated that Court of Appeal is bereft of powers to revisit a case after 60 days lapse.

Sources disclosed Olanipekun’s refusal may indicate substantive discrepancies between the physical copy issued and what was delivered in court. There are suspicions of likely tampering.

Yusuf has rejected the appellate judgment validating Nasiru Gawuna of APC as duly elected Kano governor.

Below is the full text of his letter

WOLE OLANIPEKUN & CO LEGAL PRACTITIONERS WOC/LG/VOL.04/267/2023 23 November 2023

The Deputy Chief Registrar Court of Appeal Kano Judicial Division Kano Attention: Amina Ibrahim (Mrs.)

Dear Deputy Chief Registrar,

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

Your letter dated November 22, 2023, was delivered at our Abuja office late on the same day (November 22, 2023), and was brought to the attention of the undersigned around 10:30 am today, November 23, 2023.

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 judgment 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 judgment of the Tribunal. Most humbly, the Constitution applies the word “within” and not ‘from’ the date of “the delivery of the judgment 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 judgment 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.

Chief Registrar’s Statement: Further to the foregoing, may we draw your attention to what the Chief Registrar of the Court of Appeal, Mr. Umar Bangari, was quoted to have said by the Channels Television in its news program of 7-8 pm on Wednesday, November 22, 2023, that: “The Chief Registrar of the Court of Appeal Mister Umar Bangari, has cleared the air on the controversies surrounding the judgment delivered by the Court on the Kano Governorship Election dispute. In reaction, Bangari said that what happened in the judgment body was a typo error that did not in any way invalidate or change the findings and conclusion of the Court. The Chief Registrar assures that the error would be rectified once parties in the matter file a formal application to that effect. He cited Order 23 Rule 4 of the Court of Appeal Handbook, which empowers the court to correct any clerical error once detected by the court or any of the parties in the matter.”

Application for Correction: In the above-quoted excerpts from the interview granted to the Channels Television by the Chief Registrar of the Court of Appeal, the following again becomes very germane “… that the error would be rectified once parties in the matter file a formal application to that effect.” We are not aware that any of the parties has filed any application to correct any error. Even at that, judicial precedents are countless as to the procedure to follow, and which court has jurisdiction to take such an application, after the expiration of the sixty (60) days mandatorily benchmarked by the Constitution.

Constitutional Right of Appeal: Today is the seventh day, effective from Friday, November 17, 2023, since the delivery of the judgment of the Court of Appeal. We repeat that, out of the fourteen days mandatorily prescribed for our client to file his Notice and Grounds of Appeal to the Supreme Court, he is left with just seven (7) days; and it is only fair that he should be allowed to exercise his constitutional right of appeal without any inhibition, within the fraction of days left for him.

We reiterate that this response has been borne out of a compelling duty and responsibility to the administration of justice, and, as counsel, it is our responsibility to draw attention to these salient statutory imperatives.

Yours faithfully,

PP: Wole Olanipekun & Co.

Chief Wole Olanipekun, CFR, SAN

WOLE OLANIPEKUN & CO LEGAL PRACTITIONERS

Cc: The 1st Respondent, All Progressives Congress

The 2nd Respondent, Independent National Electoral Commission (INEC)

The 3rd Respondent, New Nigeria People’s Party (NNPP)

KANO FOCUS recalls that the Court of Appeal in Kano retrieved a certified true copy of a recent judgment it had issued to senior lawyer Chief Wole Olanipekun (SAN) for review and correction.

Authoritative sources at the appellate court revealed that the judgment in Appeal No. CA/KN/EP/GOV/KAN/34/2023 between Abba Kabir Yusuf and the All Progressives Congress (APC) & others had typographical errors.

In a letter dated November 22, 2023, signed by Deputy Chief Registrar Amina Ibrahim, the court referred to Olanipekun’s law firm’s November 17 request for the judgment’s certified true copy, which was promptly issued on November 21.

KANO FOCUS gathered that upon discovering the errors, the court requested the return of the judgment copy from Olanipekun’s law office to enable rectification before reissuing an updated version.

When contacted, a top official of the law practice confirmed the receipt of the court’s letter but declined to make extensive comments regarding the corrections.

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Nafisah Yusuf Hassan, three others recommended for appointment as Kano high court judges

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Nasiru Yusuf Ibrahim

 

Nafisah Yusuf Hassan, a magistrate in Kano State, has been recommended for appointment as a judge of the Kano State High Court by the National Judicial Council (NJC).

 

KANO FOCUS reports that Hassan is among four judicial officers from Kano State recommended for elevation to the High Court bench out of 28 candidates selected nationwide.

 

The other nominees are Halima Yahuza Ahmad, Abdullahi Abdulsalam Bature and Musa Ibrahim Umar.

 

The NJC disclosed the recommendations in a statement issued by its Deputy Director of Information, Kemi Babalola-Ogedengbe, following its consideration of candidates for judicial appointments across the country.

 

The council said all recommended candidates were expected to be sworn in by their respective state governors without delay.

 

Hassan’s recommendation follows her years of service in the Kano State judiciary, where she has reportedly distinguished herself through diligence, professionalism and careful handling of cases.

 

She has been commended for her commitment to judicial ethics, diligence and fairness in the discharge of her responsibilities, achievements that contributed to her career progression within the judiciary.

 

Her elevation is part of a broader development in the Kano State judiciary, with four magistrates from the state successfully scaling the selection process for appointment to the High Court.

 

The four nominees were reportedly assessed during the selection exercise and demonstrated strong professional competence, while their service records were found to be free of adverse remarks.

 

Their recommendation marks a significant step in their judicial careers and is expected to strengthen the judicial workforce in Kano State upon their formal appointment.

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K-SAFE tracks nearly 1,000 education projects in Kano, seeks procurement monitoring role

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Nasiru Yusuf Ibrahim

 

The Kano State Accountability Forum on Education (K-SAFE) says it has tracked nearly 1,000 education projects across the state as part of efforts to promote transparency, accountability and effective service delivery in the education sector.

 

KANO FOCUS the coalition’s Co-Chair, Dr Auwalu Halilu, disclosed this on Wednesday during an advocacy visit to the Kano State Ministry of Public Procurement and Project Monitoring.

 

Dr Halilu said K-SAFE had monitored projects in more than six local government areas, covering interventions implemented by the State Universal Basic Education Board (SUBEB), Kano State Senior Secondary Education Management Board and Local Education Authorities (LEAs).

 

He explained that the monitoring exercise involved physical inspections and documentation of projects through photographs, videos and geographical locations.

 

According to him, reports of the findings had been submitted to relevant ministries, departments and agencies (MDAs), highlighting projects that met required standards and those requiring further attention.

 

He cited Rimin Gado Local Government Area, where the coalition tracked more than 80 education projects, adding that it planned to extend the exercise to all 44 local government areas of the state.

 

The K-SAFE Co-Chair said the visit was aimed at presenting the coalition’s activities to the ministry and exploring areas of collaboration in procurement and project monitoring.

 

He called for the inclusion of civil society organisations in procurement and monitoring processes, particularly tender board activities and field inspections, to strengthen independent oversight and provide them with firsthand information on government projects.

 

Dr Halilu also requested the ministry’s support in organising capacity-building programmes for civil society organisations on procurement procedures, due process, project standardisation, monitoring and evaluation.

 

He said such training would enhance civil society organisations’ understanding of procurement regulations and the technical requirements guiding project implementation.

 

Responding, the Commissioner for Public Procurement and Project Monitoring, Dr Nura Iro Ma’aji, welcomed the delegation and acknowledged the coalition’s contributions to supporting the state government’s efforts in the education sector.

 

He expressed the ministry’s readiness to collaborate with K-SAFE through information sharing and other relevant engagements to strengthen accountability and ensure compliance with due process.

 

“From our side, we are ready to work together because we know what they have been doing to support Kano State Government in the education sector,” he said.

 

Dr Halilu further disclosed that the coalition and its partner organisations had carried out the monitoring exercise without financial sponsorship, describing it as a demonstration of their commitment to transparency and accountability.

 

He reaffirmed K-SAFE’s commitment to sustaining engagement with relevant government agencies, civil society organisations and the media to strengthen oversight of education projects across Kano State.

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GSS Army Day Bukavu Wins Maiden Kano Secondary Schools Tug of War Championship

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Ibrahim Khalil

 

Government Secondary School (GSS) Army Day Bukavu has emerged champion in both the male and female categories of the maiden Kano State Secondary Schools Tug of War Competition.

 

KANO FOCUS reports that the  school clinched the double victory at the competition, which ended on Wednesday at the Kano Pillars Stadium, Sabon Gari, Kano.

 

Governors College finished as runners-up in the male category, while Government Girls College (GGC) Kano secured second position in the female category.

 

The competition was organised by the Kano State Tug of War Association in collaboration with the state Ministry of Education, the National Drug Law Enforcement Agency (NDLEA) and the Kano State Sports Commission.

 

The maiden championship brought together secondary school students to promote teamwork, discipline, unity and sportsmanship, while raising awareness about the dangers of drug abuse.

 

Speaking at the closing ceremony, the Vice Chairman of the Kano State Tug of War Association, Jamilu Uba Adamu, described the competition as a successful initiative that had achieved its objectives.

 

He commended the Ministry of Education, Sports Commission, NDLEA, Gongoni Company Limited and MAGZO Pharmaceutical for supporting the event, particularly through the provision of T-shirts and Pocari Sweat drinks.

 

Also speaking, the Secretary of the Kano State Tug of War Association, Bashir Muhammad Sulaiman, who represented the Executive Chairman of the Sports Commission, Muhammad Tukur Babangida, reaffirmed the commission’s commitment to developing grassroots and school sports.

 

He said the initiative would help identify and nurture young sporting talents across the state.

 

The closing ceremony was attended by a member of the Kano State Football Association Board, Rilwanu Idris Malikawa Garu, representatives of the Ministry of Education, NDLEA, the Sports Commission and other stakeholders in the sports sector.

 

The organisers congratulated the winning schools and commended all participating institutions and partners for contributing to the success of the maiden edition.

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