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Correction of Kano Judgment: Olanipekun faults attempt to rectify Appeal Court’s verdict
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.
Ibrahim Khalil
Residents of Tsakuwa community in Dawakin Kudu Local Government Area of Kano State have honoured 11 individuals for their outstanding contributions to the development of the town.
KANO FOCUS reports that the awards were presented during the 6th Annual General Meeting (AGM) of the Tsakuwa Mufarka Sustainable Development Association, held on Sunday at Central Primary School, Tsakuwa.
Among those honoured were the traditional ruler of the community, Sarkin Tsakuwa, Alhaji Isma’ila Santali Tsakuwa; the Chairman of the Tsakuwa Mufarka Sustainable Development Association, Alhaji Tasiu Alhassan Tsakuwa; and a retired headmaster of Central Primary School, Tsakuwa, Alhaji Mahmuda Shehu, who continues to offer voluntary teaching services to pupils in the community.
Also recognised was Alhaji Umar Muhammad Banupe, a Nupe businessman who settled in Tsakuwa and has become an integral part of the community. He was honoured for his significant contributions to the town’s development.
Alhaji Umar Muhammad Banupe receiving a certificate
Other award recipients included the Chairman of the Northwest Development Commission, Professor Shehu Abdullahi Ma’aji (Garkuwan Tsakuwa); the Commander of the Gombe State Hisbah Command, Malam Rabiu Idris; media practitioner Nasiru Yusuf Ibrahim of Abubakar Rimi Television Corporation (ARTV); the founder of Tsakuwa Mufarka Sustainable Development Association, Malam Ibrahim Almustapha Sani; and Sulaiman Salisu Babah, among others.
Alhaji Tasiu Alhassan presenting a certificate to Nasiru Yusuf Ibrahim
Speaking at the event, the Sarkin Tsakuwa, Alhaji Isma’ila Santali Tsakuwa, commended the leadership of the association for its commitment to community development and urged members to sustain their efforts toward improving the welfare of residents.
In his remarks, the Chairman of the association, Alhaji Tasiu Alhassan Tsakuwa, said the non-partisan organisation had prioritised interventions in education, security, and healthcare.
He appealed to members of the community to sustain their monthly financial contributions to enable the association to continue implementing development projects.
Earlier, a member of the association, Malam Abdullahi Wagadi, disclosed that the group generated ₦6.56 million through members’ monthly contributions over the past year.
According to him, the association spent ₦3.84 million on allowances for volunteer teachers and vigilantes, ₦564,000 on fencing the Eid prayer ground, and ₦1.255 million on the renovation of the community police outpost.
He further stated that ₦356,000 was spent on supporting Tsakuwa Model Primary School, ₦430,000 on scholarships for students, ₦700,000 on instructional materials, and ₦50,000 on health assistance for vulnerable residents.
Association Raises Over ₦2.1 Million at AGM
A major highlight of the AGM was the fundraising session, during which the association raised ₦2.143 million from philanthropists and community stakeholders.
Leading the donations was Alhaji Umar Muhammad Banupe, who contributed ₦500,000. He was followed by Hon. Mustapha Bala Dawaki, who also donated ₦500,000, while Hon. Abdulmumin Tijjani, popularly known as Mai POS, donated ₦200,000.
Other donors included the Sarkin Tsakuwa, Alhaji Isma’ila Santali Tsakuwa, who donated ₦100,000; the association’s chairman, Alhaji Tasiu Alhassan Tsakuwa, ₦200,000; Professor Shehu Abdullahi Ma’aji Garkuwan Tsakuwa), ₦100,000; and Malam Rabiu Idris, who also contributed ₦100,000.
The event attracted community leaders, stakeholders, and residents who commended the association for its contributions to grassroots development and pledged continued support for its programmes.
Nasiru Yusuf Ibrahim
Health journalists in Kano State have inaugurated a new professional body, the Kano Health Journalists Network (KAHJON), aimed at strengthening media reporting and advocacy on Reproductive, Maternal, Newborn, Child and Adolescent Health (RMNCAH) and Primary Health Care (PHC).
KANO FOCUS reports that the network was launched during an Alignment, Coordination, Monitoring and Implementation meeting of media coalitions on gender-responsive RMNCAH and PHC, organised by the International Society of Media in Public Health (ISMPH) in Kano.
During the inauguration, journalists unanimously elected Khadijah Aliyu of Radio Nigeria as Chairperson of the newly established network.
Other members of the executive committee include Mustapha Hodi Adamu of People Daily Newspaper as Vice Chairperson, Abdullahi Hassan of ARTV as Secretary, and Mustapha Salisu of Prime Times as Public Relations Officer.
Speaking at the event, the Programme Director of ISMPH, Mr. Solomon Dogo, said the establishment of KAHJON would help unify existing health reporting groups and improve media coverage of critical public health issues, including polio eradication, nutrition, maternal health, and primary healthcare services.
He congratulated the newly elected executives and expressed confidence that the network would enhance collaboration among media practitioners while strengthening health advocacy efforts in the state.
Dogo noted that similar health journalists’ networks are already operating in Lagos and Kaduna states, adding that development partners remain committed to supporting initiatives that promote public health advocacy.
Also speaking, ISMPH Programme Officer in Kano, Hajiya Sabuwa Yahaya, said the platform would improve coordination among journalists, enhance access to health information, and strengthen evidence-based reporting on health issues.
According to her, the network will also provide a stronger platform for advocacy and engagement with government institutions, development partners, and local communities.
The inauguration ceremony attracted goodwill messages from several development partners, including the Integrated Budget and Policy (IBP), LISDEL, CCSI, SANDHEF, and the Clinton Health Access Initiative (CHAI).
Representatives of the Kano State Ministry of Health, the Drug Management and Consumables Supply Agency, and the Kano State Contributory Healthcare Management Agency also attended the event.
A major highlight of the ceremony was the signing of a Memorandum of Understanding (MoU), which formally established the Kano Health Journalists Network and marked the beginning of a new chapter in health journalism and advocacy in the state.
Nasiru Yusuf Ibrahim
A House of Representatives aspirant for the Kura/Madobi/Garun Malam Federal Constituency under the National Democratic Congress (NDC), Alhaji Mahmud Tijjani Kura, has withdrawn his candidature and defected to the All Progressives Congress (APC).
KANO FOCUS reports that the development was disclosed on Saturday by a prominent APC chieftain, Alhaji Aliyu Lawan Dambatta, popularly known as Majidadin Dambatta.
According to Majidadin Dambatta, he led a delegation alongside the former aspirant to a meeting with Governor Abba Kabir Yusuf, during which Kura formally announced his decision to join the APC.
Majidadin Dambatta described the defection as a significant boost to the ruling party, noting that it would further strengthen the APC’s unity and political structure ahead of future elections.
He said the party remained committed to working collectively for the progress and development of Kano State and the country.
The APC stalwart welcomed Kura back into the party and expressed confidence that he would make meaningful contributions to its growth and the welfare of the people.
The defection is expected to add a new dimension to the political landscape in Kano State as parties continue to realign ahead of future electoral contests.
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