In a legal development concerning the Kano governorship election dispute, Wole Olanipekun, the counsel to Abba Yusuf, the candidate of the New Nigeria Peoples Party (NNPP), has contested the jurisdiction of the court of appeal to rectify errors in the recently delivered judgment.
The court of appeal in Abuja had affirmed the verdict of the Kano state governorship election petition tribunal, which had earlier nullified Abba Yusuf’s candidacy. However, a certified true copy of the judgment revealed contradictory resolutions, creating confusion over the court’s decision.
Umar Bangari, the chief registrar of the court of appeal, attributed the discrepancy to a clerical error, asserting that it did not impact the court’s decision. He cited Order 23, Rule 4 of the court of appeal handbook, which empowers the court to correct clerical errors once identified.
In response, Olanipekun, in a letter addressed to the court, argued that the court of appeal lost jurisdiction in the matter after the 60-day timeline, as mandated by the constitution, expired on November 18. He emphasized that any application for correction of errors should be entertained by the Supreme Court, as per Section 285(7) of the Constitution.
Olanipekun further highlighted that, as of the seventh day since the delivery of the judgment, Abba Yusuf had only seven days left to file his notice and grounds of appeal to the Supreme Court. He urged that his client be allowed to exercise his constitutional right of appeal without hindrance within the remaining time frame.
The senior advocate reiterated that the response was driven by a duty to the administration of justice, emphasizing the importance of adhering to statutory imperatives in legal proceedings.
