Kano Judgment Contradictions Mere Clerical Errors Says A’Court

Alex Enumah in Abuja

The Chief Registrar of the Court of Appeal, Mr Mohammed Umar Bangari, has described as mere clerical errors controversies generated by the Certified True Copy (CTC) of the majority judgment of the Court of Appeal involving the Kano State governorship election.

The three-member panel of the appellate court in the majority judgment delivered last Friday, had dismissed the appeal of Governor Yusuf Kabir of the New Nigeria People’s Party (NNPP) against the judgment of the Kano State Governorship Election Petition Tribunal for lacking in merit.

However, in the CTC released to lawyers, some contradictions appears to have given verdict in favour of both the appellant and the 1st respondent; the All Progressives Congress (APC).

Mainly, supporters of the appellant and some lawyers are alleging that the judgment was in favour of governor Yusuf Kabir before it was manipulated to favour the APC.

According to them, what the justices read in court was quite different from what is contained in the CTC, adding that the CTC being a written document is the original judgment.

However, speaking with some journalists in Abuja, the Court of Appeal Chief Registrar, who dismissed the contradictions as nothing serious, stated that even the lawyers and politicians knew the truth but merely playing to the gallery.

Bangari stressed that what happened in the judgment was a clerical error that happens from time to time, which the courts also have a way of addressing through the instrumentality of the law.

Besides, the CR argued that the contradictions did not in anyway invalidate the findings and conclusion of the court.

“What happened in the judgment is just a mere clerical error and the attention of the court has been drawn to it and appropriate steps within the ambit of the law will be taking”, he said.

The Chief Registrar assured that the clerical error would be rectified once parties in the matter filed formal application to that effect.

He drew the attention of newsmen to Order 23 Rule 4 of the Court of Appeal Book which empowers the court to correct any clerical error once detected by the court or any of the parties in the matter.

In the CTC dated November 21 and signed by one of the court’s registrar, Ibrahim Umar, the majority judgment delivered by Justice Moore Abraham Adumein had read in part on page 67: 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.

“In the circumstances, I resolve all the issues in favour of the appellant and against the 1st respondent.

“Thereby I find no merit in this appeal which is liable to be and is hereby dismissed.

“The judgment of the tribunal in Petition No: EPT/KN/GOV/01/2023 between All Progressives Congress (APC) versus Independent National Electoral Commission (INEC) and 2 others delivered on September 20, 2023 is hereby set aside.

“The sum of N1 million is hereby awarded as cost in favour of the appellant and against 1st respondent”.

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