You Remain A Goner! – Appeal Court Tells Gov Yusuf

• Admits errors in certified judgment as ‘mere’ clerical slips
• NNPP approaches Supreme Court, demands probe by NJC

BY SEGUN ADEBAYO – Despite admitting errors in the Certified True Copy (CTC) of its documents, the Court of Appeal has insisted that Governor Abba Kabir Yusuf stands sacked as an illegal occupant of the Kano State Government House.

The Appellate Court, which made the declaration amidst the controversy trailing the contradictions in the CTC of the judgment, however, explained that the contradictory parts of the judgment were merely clerical errors.

In a statement on Wednesday last night, Chief Registrar of the Court of Appeal, Umar Mohammed Bangari, noted that a clerical error does not in any way invalidate or change the findings and conclusion of the court.

According to him; “What happened in the certified judgment was nothing but clerical errors”, adding that the errors would be rectified once parties in the matter filed formal application to that effect.

Citing Order 23 Rule 4 of the Court of Appeal Handbook to defend the Court’s position, Bangari said the document empowers the court to correct any clerical error once detected by the court or any of the parties in the matter, adding that contrary to insinuations in the public space, the judgment remained valid.

Offering further insights on the development, the Chief Registrar said; “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 would be done as appropriate”.

The statement comes on the heels of the CTC showing that, in the lead judgment delivered by Justice Moore Aseimo Abraham Adumein, he held in one of the concluding paragraphs on Page 68 thus; “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.”

And clearly, 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.

Also, 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… The sum of N1,000,000.00 (one million Naira only) is hereby awarded as costs in favour of the appellant and against the 1st respondent.”

NNPP Heads To Supreme Court

But already on full throttle to claim what has been described as its “stolen mandate”, the New Nigeria Peoples Party (NNPP) has approached the Supreme Court with a notice of 10 grounds of appeal seeking three reliefs.

In the appeal filed on Wednesday, November 22, NNPP expressly asked the apex Court to uphold only the aspect of the judgment in favour of the governor and overturn parts that are not.

It also prayed that the Supreme Court makes an order allowing the appeal and setting aside the judgment of the Court of Appeal delivered on November 17, 2023

Additionally, the Party is requesting an order upholding the portion of the judgment of the Court of Appeal setting aside the judgment of the trial Tribunal in petition No: EPT/RV/GOV/11/2023 and making an order as to costs in favour of the appellant.

Similarly, the National Working Committee of the NNPP has challenged the National Judicial Council (NJC) to investigate the contradiction in the certified judgment.

Speaking through its National Secretary, Dipo Olayoku, at a press conference in Abuja, the Party said the CTC showed that “the judgment delivered by Justice Moore Aseimo Abraham Adumein and concurred to by Justice Bitrus Gyarazama and Justice Lateef Adebayo Ganiyu is actually in favour of Yusuf.”

Olayoku, who insisted that institutions of democracy must be protected and strengthened for democracy itself to advance, said; “We’re calling on the National Judicial Council (NJC) to, without delay, commence an investigation to unravel what happened in the matter.

“Also, we’re calling on eminent members of the bench (both retired and serving) and the bar, to be interested in what happened that we have the kind of scenario presented in the CTC of the judgment of the Appeal Court”.