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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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Dr Goni Faruk Umar calls on muslims to embrace taqwa in daily life

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Nasiru Yusuf Ibrahim

 

Dr Goni Faruk Umar has urged Muslims to embrace Taqwa in their daily lives, describing it as a foundation of Islam and a key to righteous conduct and success in this world and the hereafter.

 

KANO FOCUS reports that the Islamic scholar made the call while delivering a Juma’a sermon at the New Juma’a Mosque, Rumfa College, Kano.

 

In the sermon, Dr Goni Faruk Umar explained the meaning of Taqwa using classical Islamic scholarship, including an account involving Umar ibn al-Khattab and the companion Ubayy ibn Ka’b to illustrate the concept.

 

According to the account cited in the sermon, Sayyadina Ubayy once asked Khalifa Umar bin Khattab whether he had ever walked along a thorny path. When Khalifa Umar bin Khattab answered in the affirmative, Sayyadina Ubayy asked how he navigated it. Khalifa Umar bin Khattab replied that he gathered his clothes and proceeded cautiously to avoid being pricked.

 

Sayyadina Ubayy then explained that this was the essence of Taqwa: being constantly mindful of one’s actions and carefully avoiding what displeases Allah.

 

Dr Goni Faruk Umar said Taqwa should not be limited to acts of worship but should also guide Muslims’ conduct in contemporary society, particularly in their use of digital platforms and social media, control of the tongue, and relationships within the family.

 

He urged worshippers to exercise restraint in their speech, act responsibly online and uphold their obligations to family members in accordance with Islamic teachings.

 

The cleric also highlighted the spiritual and worldly benefits of Taqwa, including relief from hardship, ease in personal affairs, forgiveness of sins and increased rewards in the hereafter.

Quoting verses from the Qur’an, he cited Allah’s promise in Surah At-Talaq, verses 2 and 3, that whoever fears Him will be granted a way out of difficulties and provided for from sources they could not have anticipated.

 

He also referred to Qur’an 65:4–5, which promises ease in affairs, the removal of sins and the multiplication of rewards for those who maintain Taqwa.

 

The scholar reminded Muslims that worldly life is temporary and that the hereafter is their permanent destination. He therefore urged them to regard Taqwa as the best provision for the journey beyond this life.

 

Citing Qur’an 2:197, he emphasised that the best provision for the hereafter is Taqwa, urging believers to remain conscious of their responsibilities to Allah.

 

The sermon also featured prayers and salutations upon Prophet Muhammad (peace be upon him), his family and companions, in accordance with the Qur’anic instruction in Surah Al-Ahzab, verse 56.

 

Dr Goni Faruk Umar concluded by encouraging Muslims to remain steadfast in faith, follow the guidance of the Prophet and make righteousness a guiding principle in their daily lives.

 

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Dabo’s resignation triggers wave of defections from APC in Kano

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Nasiru Yusuf Ibrahim

 

Political allies and loyalists of former Managing Director of the Nigerian Ports Authority (NPA), Arc Aminu Dabo, have begun resigning from the All Progressives Congress (APC) in Kano State following his withdrawal from the ruling party.

 

KANO FOCUS reports that the supporters, operating under the political group Dabo Alheri Ne, reportedly include members across Kano State’s 44 local government areas.

 

Barely two days after Dabo announced his resignation from the APC, a prominent stakeholder of the group, Garba Zakiru Dambatta, said members had welcomed the decision and were showing solidarity by submitting their resignation letters to their respective ward party chairmen.

 

Dambatta, a former APC chairman in Dambatta Local Government Area, said the group’s members were disappointed with what they described as the prolonged marginalisation of Mr Dabo and his supporters within the party.

 

According to him, despite Mr Dabo’s contributions to the APC and efforts to strengthen the party and manage disagreements among its members, some key stakeholders had continued to sideline him and his loyalists in party activities.

 

Dambatta reaffirmed the group’s commitment to standing by Mr Dabo’s political decisions and supporting his future political journey.

 

He also urged the former NPA managing director not to succumb to political pressure or reverse his decision to leave the party.

 

“This step you have taken, we have the conviction that it is the beginning of a new chapter of goodness in your life,” Dambatta said.

 

Among the prominent members of the group identified as supporting Mr Dabo’s decision are Abba Rabee’u, a former Senior Special Assistant on Political Awareness; Almustapha Jilani Danmalam, a former Senior Special Assistant on Education; Jamilu Abdullahi Zangon-Mata, a former Senior Special Assistant on Entrepreneurship; and Fahd A. Dabo, a former Special Assistant on Youth Mobilisation.

 

The individuals reportedly served during the second term of former Kano State Governor Abdullahi Umar Ganduje.

 

The group also said several other party loyalists and supporters were backing Dabo following his resignation.

 

However, the statement did not provide the number of members who had formally resigned from the APC or indicate whether the party leadership had responded to the development.

 

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Five Kano Pillars Amputee Players Invited to Special Eagles Camp Ahead of World Cup

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Nasiru Yusuf Ibrahim

 

Five players of Kano Pillars Amputee Football Club have been invited to the national camp of Nigeria’s Special Super Eagles ahead of the 2026 Amputee Football World Cup in Mexico.

KANO FOCUS reports that invited players are Isah Yusuf, Abba Musa, Habu Friday, Emanuel Betel and Usman Ahmed. They are currently in Abuja with the national team as preparations intensify for the global tournament.

 

The Team Manager of Kano Pillars Amputee Football Team, Jamilu Uba Adamu, disclosed this in an interview with Ashiru Rabiu Gidan Tudu, Information Officer of the Kano State Sports Commission.

 

Adamu described the invitation as recognition of the players’ dedication, discipline and outstanding performances.

 

He expressed confidence that the players would represent Kano State and Nigeria with honour at the championship.

 

According to him, the call-up also demonstrates Kano Pillars’ commitment to nurturing talented amputee footballers and contributing to the development of the sport in Nigeria.

 

The 2026 Amputee Football World Cup is scheduled to take place from November 13 to 22 in San Juan de los Lagos, Mexico. A total of 24 countries, including seven African nations, are expected to participate.

 

The Executive Chairman of the Kano State Sports Commission, Muhammad Tukur Babangida, congratulated the five players on their invitation, describing it as well deserved.

 

Babangida expressed confidence that they would justify the confidence reposed in them by the national team selectors.

 

He assured the players of the commission’s continued support and urged them to remain focused, disciplined and committed to making Kano State and Nigeria proud on the international stage.

 

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