- Admits clerical error in judgement’s CTC
- Protests rock Kano over decision
- NNPP files 10-ground appeal at Supreme Court
- Appeal Court rules on Nasarawa governorship election today, Ogun Friday
The Court of Appeal, on Wednesday, restated its order that sacked Abba Yusuf as the Governor of Kano State.
The Chief Registrar of the Court of Appeal, Umar Bangari, made this known while briefing newsmen in Abuja.
The appellate court dismissed as a clerical error, a portion in the Certified True Copy of its judgement which Yusuf and his party, the New Nigeria Peoples Party, claimed validated their victory in the gubernatorial contest that was held on March 18.
“What happened in the judgement copy was a clerical error that did not in any way invalidate or change the findings and conclusion of the Court.
“The clerical error will be rectified once parties in the matter file formal application to that effect,” he said.
He drew the attention of newsmen to 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.
He, however, insisted that contrary to insinuations, the judgement of the court remains valid.
“The Court is empowered to correct such clerical errors and would be done as appropriate,” he said.
There had been several interpretations of the judgment following a discrepancy between what was read out in the open court and the contents of the Certified True Copy of the judgment.
At the open court, the three-member panel led by M. A. Adumein upheld the judgment of the Kano State Governorship Election Petition Tribunal which sacked Governor Kabir Yusuf of the New Nigeria People’s Party.
However, in the concluding part of the CTC, it read that the issue was resolved against the APC and its candidate.
The NNPP, during a press briefing in Abuja on Wednesday, accused the Court of Appeal of changing the judgment after the judges had concluded deliberations on the matter.
Protests rock Kano over decision
Meanwhile, Kano State was engulfed in a wave of protests in the wake of the Appeal Court decision to remove Governor Abba Yusuf from office.
Policemen were seen dispersing protesters in the Dan Agundi area of the state on Wednesday.
The protesters were said to have attended a special prayer organised by residents of Kofar Nasarawa in Kano metropolis before starting the protest.
From pictures circulating online, one of the protesters was seen holding a “Justice for Kano” banner.
It was gathered that the protesters, who had set up bonfires along the road, were later dispersed by armed policemen deployed in the area.
When contacted, the state Police Public Relations Officer, Superintendent of Police, Abdullahi Haruna, said he was not in town.
But a source at the police headquarters confirmed that the police had succeeded in dispersing some of the protesters.
APC yet to get appeal court judgment, says official
However, the APC said on Wednesday that it has not received the Certified True Copy of the Court of Appeal judgment on the Kano State governorship election which was delivered on Friday.
Briefing journalists at the national headquarters of the APC in Abuja on Wednesday, the party’s legal adviser, Abubakar Kaka, said, “As far as my office is concerned, we have not received an official copy of the certified true copy of the judgment. But we will write and get a copy.
“If the copy that will be conveyed to us still contains this error, we will take steps eventually.
“What we will do and we have done right now, is to write a request demanding for the CTC. Until we get the CTC containing that error, which is being banter around, before we will know what to do next.”
NNPP files 10-ground appeal at Supreme Court
Consequently, the NNPP has filed a 10-ground appeal at the Supreme Court, seeking the nullification of the Court of Appeal judgement that sacked Governor Abba Yusuf as Kano State governor.
The party prays to the apex court to set aside the entire contents of the Court of Appeal judgement, except where it set aside the judgement of the Kano Governorship Election Petition Tribunal.
In the notice of appeal with suit NO. SC/CV/ filed by the NNPP’s counsel led by Adegboyega S. Awomolo on Wednesday, the NNPP listed 10 grounds of appeal.
The party said the lower court committed grave error and miscarriage of justice in declaring Gawuna as the winner of the election.
The NNPP, therefore, asked the court to dismiss the entire judgement, “save and accept the final conclusion and orders at page 67 of the duly certified true copy thereof, including an order as to cost favourable to the appellant”.
The suit had Abba Yusuf, the All Progressive Congress, and the Independent National Electoral Commission, as the first, second, and third respondents.
“TAKE NOTICE that the APPELLANT, being dissatisfied with the judgement of the Court of Appeal sitting at Abuja on appeal from the decision of the Kano State Governorship Petition Tribunal and Coram Hon. Justices Moore Aseimo Abraham Adumein, Bitrus Gyarazama Sanga, and Lateef Adebayo Ganiyu JJCA in Appeal No. delivered on 17th day of November, 2023, between Yusuf Abba Kabir and All Progressives Congress (APC), the Independent National Electoral Commission (INEC), and the New Nigeria People Party (NNPP), do hereby appeal to the Supreme Court on the grounds set out in paragraphs 3 below and will at the hearing of the appeal, seek the relief(s) set out in paragraph 4,” the notice partly read.
“The learned Justices of the Court of Appeal erred in law and occasioned a grave miscarriage of justice to the prejudice of the appellant, when having concurrently held as did the trial tribunal, at page 2 of their judgement that, “the appellant contested the aforementioned governorship election on the platform of the New Nigeria People’s Party (NNPP) and was declared the winner by the 2nd respondent with a total of 1,019,602; while the 1st respondent, which sponsored one NASIRU YUSUF GAWUNA, was said to have scored a total of 890,705 votes”.
The NNPP, therefore, prayed for “An order allowing the appeal and setting aside the judgement of the Court of Appeal delivered on 17th November, 2023.
“AN ORDER upholding the portion of the judgement of the Court of Appeal setting aside the judgement of the trial tribunal in Petition No. EPT/RV/GOV/11/2023 and making an order as to costs in favour of the appellant.
“SUCH FURTHER ORDER [S] as this Honourable Court may deem appropriate in the appeal,” the suit noted.
The appeal was filed by the counsels to the NNPP, Adegboyega S. Awomolo, SAN, R.A. Lawal Rabana, SAN, John Olusola Baiyeshea, SAN, A.J. Owonikoko, SAN Kehinde Ogunwumiju, SAN, Victoria O. Awomolo, SAN, Eyitayo Fatogun, SAN, B.J Akomolafe, SAN, and Kelvin Ugiagbe, Esq.
Appeal Court rules on Nasarawa governorship election today, Ogun Friday
In a related development, the Court of Appeal sitting in Abuja will today deliver judgment in the appeal arising from the Nasarawa State governorship election.
This was contained in a notice issued by the court on Wednesday.
The state election petition tribunal had earlier sacked the state governor, Abdullahi Sule, who was declared winner of the election by the Independent National Electoral Commission.
According to INEC, Sule polled a total of 347,209 votes to defeat his closest opponent, who secured 283,016 votes.
The tribunal, in a split decision on October 2, sacked Sule of the APC and declared David Ombugadu of the People’s Democratic Party winner of the election.
However, Sule, through his counsel, Wole Olanipekun (SAN), approached the appellate court, asking it to overturn the judgment of the tribunal.
Similarly, the Court Appeal, sitting in Lagos, will on Friday, November 24, deliver its judgement in the appeal filed by Ladi Adebutu and the PDP against Dapo Abiodun and APC over the unanimous judgement of Ogun State Governorship Election Petition Tribunal that affirmed the election of Dapo Abiodun as Governor of Ogun State.
The venue is the Court of Appeal, Igbosere, Lagos at 9.00am.
