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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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Gov Yusuf reshuffles cabinet, sacks SSG, chief of staff

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Nasiru Yusuf Ibrahim

 

Governor Abba Kabir Yusuf has sacked the Secretary to the State Government, Dr. Abdullahi Baffa Bichi, along with five commissioners, and scrapped the office of the Chief of Staff.

KANO FOCUS reports that those removed include the Commissioner for Information, Halilu Baba Dantiye; Ibrahim Jibril Fagge of the Finance Ministry; Ladidi Ibrahim Garko of Culture and Tourism; Shehu Aliyu Karaye of Special Duties; and Abbas Sani Abbas of Rural and Community Development.

In a major cabinet reshuffle announced in a statement by the Governor’s Spokesperson, Sanusi Bature Dawakin-Tofa, Governor Yusuf reassigned the portfolios of seven commissioners, including the Deputy Governor, Comrade Aminu Abdussalam, who was moved from Local Government and Chieftaincy Affairs to the Ministry of Higher Education.

According to the statement, Governor Yusuf said the reshuffle of the state executive council is meant to effect a pragmatic political realignment of his administration.

Those who retained their positions include the Attorney General and Commissioner for Justice, Barr. Haruna Isa Dederi; Commissioner for Agriculture, Dr Danjuma Mahmoud; Commissioner for Health, Dr Abubakar Labaran; Commissioner for Land and Physical Planning, Hon. Abduljabbar Mohammed Umar; Commissioner for Budget and Planning, Hon. Musa Suleiman Shannon; and Commissioner for Works and Housing, Engr. Marwan Ahmad.

Also retained are the Commissioner for Solid and Mineral Resources, Sefianu Hamza; Commissioner for Religious Affairs, Sheikh Ahmad Tijani Auwal; Commissioner for Youth and Sports, Hon. Mustapha Rabiu Kwankwaso; Commissioner for Investment and Commerce, Adamu Aliyu Kibiya; and Commissioner for Internal Security and Special Services, Major General Mohammad Inuwa Idris (Rtd).

According to the statement, those reassigned include Deputy Governor Comrade Aminu Abdussalam, who is moved from the Ministry of Local Government to Higher Education; Hon. Mohammad Tajo Usman, who moved from Science and Technology to the Ministry of Local Government and Chieftaincy Affairs; and Dr. Yusuf Ibrahim K/Mata, from Higher Education to Science, Technology, and Innovation.

Others reassigned include Hon. Amina Abdullahi, who moved from Humanitarian and Poverty Alleviation to the Ministry for Women, Children, and Disabled; Hon. Nasiru Sule Garo, from the Ministry of Environment and Climate Change to the Ministry of Special Duties.

Hon. Ibrahim Namadi, Commissioner for Project Monitoring and Evaluation, is now moved to the Ministry of Transport, while Hon. Haruna Doguwa of the Ministry of Education is moved to the Ministry of Water Resources. On the reassigned list are Hon. Ali Haruna Makoda, moved from Water Resources to the Ministry of Education; Hon. Aisha Lawal Saji, from the Ministry of Women, Children, and Disabled to Tourism; and Hon. Muhammad Diggol, from Transport to the Ministry of Project Monitoring and Evaluation.

Meanwhile, Governor Yusuf has dropped five members of his cabinet, including Ibrahim Jibril Fagge of the Finance Ministry; Ladidi Ibrahim Garko of Culture and Tourism; Baba Halilu Dantiye of Information; Shehu Aliyu Karaye of Special Duties; and Abbas Sani Abbas of Rural and Community Development.

Additionally, the Governor has directed the Chief of Staff and the five commissioners who have been dropped to report to the Governor’s office for possible reassignment.

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VC BUK receives accreditation report for early childhood, primary education programmes

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Nasiru Yusuf Ibrahim

 

The Vice Chancellor of Bayero University, Kano (BUK), Professor Sagir Adamu Abbas, formally received the accreditation report for the Early Childhood Education and Primary Education programs on Wednesday.

KANO FOCUS reports that the report was presented by the accreditation team from the National Universities Commission (NUC).

The team, led by Professor Bashir Maina of Ahmadu Bello University, Zaria, commended BUK for its substantial investment in e-library resources, which significantly enhance learning and research for both staff and students.

Professor Maina also praised the university’s impressive achievements in the development of physical infrastructure.

In his remarks, Professor Abbas expressed appreciation for the accreditation team’s visit, emphasizing the importance of such evaluations in fostering continuous improvement across all aspects of the university’s operations.

He reaffirmed BUK’s commitment to upholding quality and standards in all its programs, aligning them with global best practices.

The Vice Chancellor assured the team that their recommendations would be addressed promptly.

Other members of the accreditation team included Professor Amos Isiaka Gambari from Federal University, Minna; Professor Markus Zira Kamkwis from Adamawa State University, Mubi; and NUC representative, Nuruddeen Musa Umar.

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Post Harvest Loss: Kano Partners Aviation Industry to Advance Export of Agricultural Produces

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Kano state government has expressed readiness to partner with aviation companies under the Federal Airport Authority of Nigeria (FAAN) to boost agribusiness through cargo export of perishable produces from Kano to neighboring states, African countries and europe.

Governor Abba Kabir Yusuf gave the commitment when he hosted delegation of cargo management services from Federal Airpoet Authority (FAAN) at the government on Wednesday.

A statement by Governor’s spokesperson Sanusi Bature Dawakin-Tofa disclosed that Governor Yusuf who was delighted to collaborate with the cargo transportation of farm produces from Kano believed the initiative would encourage production level.

Yusuf, represented by the chief of staff, Alhaji Shehu Wada Sagagi, said the new development scheduled to begin in the first quarter of 2025 will reduce post harvest loss which accounted for over 35 per cent of total proceed of produce.

The Governor assured the aviation industry players that his administration was prepared to advance the new mode of transporting agro-products to neighboring southern states and outside the country which would drastically reduce security and other risk on movement of produce through road transport.

Earlier, General Manager, General Cargo Service, FAAN, Mrs Alao Mamman Rekiya said the visit to the government intended to seek areas of corporation and synergy in the introduction of cargo export of farm produces from Kano to states in Nigeria and beyond.

Rekiya added that the Federal government’s initiative in the aviation sector was part of overall renewed agenda on diversification of revenue generation through cargo export.

She emphasized that with provision of cargo export of vegetables and other perishable produces from Kano, the Federal government is encouraging the farmers to improve on quality production and open up the state for economic viability.

She urged the state government to take advantage of the new down to create job opportunities in aviation ecosystem and reduce annual wastage on postharvest lose in the sector.

The team agreed to form an inter-agency committee on the project to explore its potentials for the economic prosperity of the commercial state.

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