Kano Governor Remains Sacked, Mistake Was Just A Clerical Error – Appeal Court
The Appeal Court has responded to the crisis that emanated from the Certified True Copy (CTC) of the judgment on the Kano Governorship election.
The appellate court upheld the verdict of the tribunal which sacked Governor Abba Kabir Yusuf of the New Nigeria People’s Party (NNPP).
However, the CTC of the judgment was contradictory.
In the lead judgment delivered by Justice Moore Aseimo Abraham Adumein, the judge held in one of the concluding paragraphs on Page 68 that “I will conclude by stating that the live issues in this appeal are hereby resolved in favour of the 1st respondent and against the appellant.”
The appellant in the appeal is Governor Abba Kabir Yusuf while the 1st respondent is the All Progressives Congress (APC) with the Independent National Electoral Commission (INEC) and the NNPP as 2nd and 3rd respondents.
The judge went further to hold that “In the circumstances, I resolve all the issues in favour of the appellant and against the 1st respondent.
In a bid to clear the air on the controversy, Chief Registrar of the Appeal Court, Umar Mohammed Bangari, maintained that the said clerical error, did not in any way, invalidate or change the unanimous conclusion of the three-member panel of justices that decided the appeal.
The Chief Registrar said the clerical error would be rectified, once parties in the matter file a formal application to that effect.
Besides, he stressed that Order 23 Rule 4 of the Court of Appeal HandBook, empowered the court to correct any clerical error, once detected by the court or any of the parties in the matter.
He added that contrary to insinuations in social media, the judgment of the court remained valid.
“What happened in the part of the judgment is just a mere clerical error that ought not to draw any issue.
“The Court is empowered to correct such clerical error and that will be done as appropriate,” Bangari added.
Meanwhile, Governor Yusuf’s lawyers filed a fresh notice of appeal before the Supreme Court, seeking to uphold only the aspect of the judgment which is in their favour and overturn parts that are not.
But the staff of the Court refused service of the processes, forcing the legal team to proceed to the Kano Division of the court where the same was accepted with the revenue collector’s receipt number: 13164334.
Officials of the Court of Appeal later sent letters to counsels to all the parties in the matter to return the CTCs for correction, which Governor Yusuf’s lawyers also refused service.
