Kano Governor Kabir Yusuf has faulted the request by the Court of Appeal that parties in the dispute over the last governorship election in the state return certified true copies (CTC) of the court’s decision handed to them on November 21.
Governor Yusuf and his party, the New Nigeria Peoples Party (NNPP) have continued to question the court’s true intention since the release of the CTC of the judgment , which contained discrepancies, particularly on page 67.
The Governor argued, in a November 23 letter by his lawyer, Chief Wole Olanipekun (SAN) that the Court of Appeal no longer has the power to act on the judgment since the 60 days, within which it is allowed to determine election appeals under Section 285(7) of the Constitution, expired on November 18.
Yusuf was of the opinion that it is only the Supreme Court that now has the powers to decide on what to do with the judgment.
The Court of Appeal, in its letter, dated November 22 signed by Mrs. Amina Ibrahim (Deputy Chief Registrar) requested parties in the case to return the CTC of the judgment earlier issued to them in view of the identified typographical errors.
Part of the letter, seen by The Nation, reads: ” Sequel to your application dated 17th November, 2023 with Reference No: WOC/ABJ/Vol.4/231/2023 on the above subject, a certified true of the judgment was issued to you on the 21/11/2023, which has some typographical errors.
“It is in line of the above that we are seeking to retrieve the judgment, to effect the necessary correction before re-issuing. We are deeply sorry for any inconvenience.”
In the November 23 letter by his lawyer, Governor Yusuf said: “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 and any application for correction of errors can only be entertained by the Supreme Court.
“Again, 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.”
Governor Yusuf contended that the Court of Appeal was wrong to have requested parties to apply for correction and send indicated its intention to amend the judgment when the times allocated to it in the Construction has expired.
H added: “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 60 days mandatorily benchmarked by the Constitution.
“Today (November 23) 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 mandatory prescribed for our client to file his notice and grounds of appeal to the Supreme Court, he is left with just seven 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.”
