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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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Kano says it executed 1,508 projects worth N928 billion in three years

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Nasiru Yusuf Ibrahim

 

The Kano State Government says it has executed 1,508 development projects worth more than N928 billion across the state’s 44 local government areas since Governor Abba Kabir Yusuf assumed office, with about 80 per cent of constituency projects awarded between 2023 and 2025 already completed.

 

KANO FOCUS reports that the Commissioner for Public Procurement, Projects Monitoring and Evaluation, Comrade Nura Iro Ma’aji Sumaila, disclosed this during an international press briefing on the administration’s infrastructure development programme.

 

According to Comrade Sumaila, the projects cover critical sectors including roads, urban renewal, education, healthcare, security and other social infrastructure.

 

He said 799 of the projects have been completed, while 709 are at various stages of execution. He added that the state is also implementing 619 constituency projects through members of the Kano State House of Assembly.

 

The commissioner noted that about 80 per cent of the constituency projects have been completed. However, he said some projects remain unfinished because of rising construction costs caused by inflation.

 

He said the government has submitted a request to Governor Abba Kabir Yusuf for an upward review of contract sums to enable contractors complete the affected projects.

 

Breakdown of projects

 

Comrade Sumaila said the administration spent over N169 billion on urban renewal projects, including road rehabilitation, drainage construction and other metropolitan infrastructure.

 

He said another N118 billion was committed to constructing five-kilometre roads in 38 local government areas to improve connectivity across the state.

 

According to him, the government also awarded contracts worth over N6.8 billion for the construction of Kano State Neighbourhood Watch security divisions in 36 local government areas.

 

He added that rural infrastructure projects covering education, healthcare and other social interventions across the 44 local government areas account for contracts valued at more than N397 billion, while other ongoing projects have a combined value of about N255 billion.

 

Commitment to transparency

 

The commissioner said the Ministry of Public Procurement, Projects Monitoring and Evaluation would continue to ensure compliance with due process and technical standards in the execution of government projects.

 

He said the ministry’s mandate includes monitoring projects to ensure value for money and prudent utilisation of public resources.

 

According to him, the administration’s investments in infrastructure are intended to improve mobility, strengthen security, expand access to education and healthcare, improve water supply and stimulate economic growth across the state.

 

 

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Kano ranks best in ECOWAS on education spending index

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Nasiru Yusuf Ibrahim

 

Kano State has emerged as the highest-ranked sub-national government in the Economic Community of West African States (ECOWAS) for education spending, according to the latest Sub-National Education Spending Index developed by the University of Paris.

 

KANO FOCUS reports that the ranking places Kano State first among 209 first-level sub-national governments across 15 ECOWAS member countries, underscoring the state’s growing reputation for prioritising investment in education.

 

According to the published index, Kano topped the rankings with an overall S-WAESI score of 87.21, outperforming other leading regions, including Dakar and Saint-Louis in Senegal. Lagos State was the second Nigerian state on the list, ranking 16th overall.

 

The assessment evaluated states and regions using the S-WAESI (Sub-National Weighted Aggregate Education Spending Index) methodology, which measures government commitment to education through indicators such as actual education expenditure, spending per student, budget execution, education priority, transparency and evidence-based reporting.

 

The methodology assigns 35 points to actual education spending, 25 points to spending per student, 20 points to budget execution, 10 points to education priority and 10 points to transparency.

 

The report indicated that Kano excelled largely due to its strong actual education spending and budget execution, making it the best-performing sub-national government in the region.

 

The ranking covered states, regions, districts and municipalities across Nigeria, Senegal, Ghana, Côte d’Ivoire, Sierra Leone, Liberia, Benin, Burkina Faso, Mali, Niger, Togo, Guinea, Guinea-Bissau and Cabo Verde.

 

Kano State Accountability Forum on Education (K-SAFE) said the recognition reflects Kano State Government’s sustained investment in expanding access to education, improving school infrastructure and strengthening educational planning and budget implementation.

 

KANO FOCUS reports that the achievement is expected to further boost the state’s profile as a leader in education reform within West Africa and provide additional momentum for ongoing efforts to improve learning outcomes across the state.

 

The latest ranking comes amid renewed attention on education financing across ECOWAS, with experts increasingly emphasising transparent budgeting, efficient resource utilisation and sustained public investment as critical drivers of quality education.

 

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Kano emerges top beneficiary as World Bank rewards states with $27m for reforms

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Nasiru Yusuf Ibrahim

 

Kano State has emerged as one of the biggest beneficiaries of the World Bank-supported HOPE Governance Programme after qualifying for a total of $3.5 million in performance-based incentives for implementing key governance, education and healthcare reforms.

 

KANO FOCUS reports that the World Bank, through the HOPE Governance Programme domiciled in the Federal Ministry of Budget and Economic Planning, approved $27 million in incentives for states that successfully met the Year Zero Disbursement-Linked Results (DLRs).

 

The National Coordinator of the HOPE Governance Programme, Assad Hassan, announced the incentives on Tuesday in Abuja during a retreat attended by commissioners, permanent secretaries and directors of budget and planning from the 36 states and the Federal Capital Territory.

 

A statement issued by the programme’s Communications Officer, Joe Mutah, said the incentives were based on the recommendations of the Interim Independent Verification Agent, which assessed states’ performance against agreed reform indicators.

 

Kano ranked among the highest-performing states, qualifying for incentives under three separate reform indicators.

 

The state will receive $1.5 million under Disbursement-Linked Result (DLR) 2.1 for adopting comprehensive guidelines for the preparation and submission of consolidated work plans for the state basic education budget.

 

It also qualified for another $1.5 million under DLR 2.2, which recognises states that adopted comprehensive guidelines for consolidated work plans for state primary healthcare budgets.

 

In addition, Kano secured $500,000 under DLR 2.3 for adopting harmonised budget guidelines and a unified chart of accounts for local governments.

 

Altogether, the state is expected to receive $3.5 million, making it one of the top-performing states under the programme.

 

Only five states—Bayelsa, Borno, Kano, Kebbi and Yobe—qualified for both the education and healthcare planning incentives, earning $3 million each from the two indicators alone.

 

Kano further distinguished itself by qualifying under the local government budgeting reform indicator, increasing its total allocation to $3.5 million.

 

The state also featured among 15 states that met the requirements under DLR 4.1, which rewards states for publishing their 2025 Citizens Budget for basic education and primary healthcare by February 28, 2025. Each qualifying state under this indicator will receive $500,000.

 

Other states that qualified under DLR 4.1 are Abia, Bayelsa, Borno, Edo, Ekiti, Enugu, Imo, Jigawa, Kebbi, Kogi, Nasarawa, Ondo, Plateau and Yobe.

 

According to the programme, the performance-based incentives are designed to encourage states to strengthen governance systems, improve budget transparency and enhance planning in the education and primary healthcare sectors.

 

KANO FOCUS reports that the HOPE Governance Programme is a World Bank-supported initiative implemented through the Federal Ministry of Budget and Economic Planning to promote improved public financial management and better service delivery across Nigeria’s states.

 

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