Governor Kabir Yusuf of Kano states has stated that the Court of Appeal’s has no power to recall the Certified True Copies, CTC, on the judgment it delivered on the state governorship election.
The governor made the comment on Thursday following the court’s order mandating all parties involved in the case to return the CTC for correction.
The Court of Appeal, in its letter, dated November 22, signed by Amina Ibrahim, it’s Deputy Chief Registrar requested parties in the case to return the CTC of the judgment earlier issued to them in view of the identified typographical errors.
The court said its important to make the corrections following the controversy that trailed its decision on the governorship legal tussle.
The appellate court had in the judgment affirmed the verdict of the state’s Election Petition Tribunal that Nasir Gawuna of the All Progressives Congress, APC, won the February 18 governorship election.
But the governor claimed that the court have him victory based on the CTC content.
Reacting yesterday, Governor Yusuf said it’s only the Supreme Court that has the power to make any change in the CTC, stressing that the timeline for the lower court to do so has lapsed.
In a letter by his lawyer, Wole Olanipekun, a senior Advocate on Thursday, the governor said the Appeal Court no longer has the power to act on the judgment since the 60 days, within which it is allowed to determine election appeals under Section 285(7) of the Constitution, expired on November 18.
The governor said: “Assuming without conceding that the judgment has some errors, whether typographical or otherwise, we humbly and dutifully draw your attention to the fact that the Court of Appeal became functus officio in the matter on Saturday, November 18, 2023 and any application for correction of errors can only be entertained by the Supreme Court.
“Again, Section 285(7) of the Constitution earlier referred to becomes very handy and imperative to the effect that the Court of Appeal cannot take any further step in the appeal or subject after the expiration of sixty (60) days.
“Even at that, judicial precedents are countless as to the procedure to follow and which court has jurisdiction to take such an application, after the expiration of the 60 days mandatorily benchmarked by the Constitution.
“Today (November 23) is the seventh day, effective from Friday, November 17, 2023, since the delivery of the judgment of the Court of Appeal.
“We repeat that, out of the fourteen days mandatory prescribed for our client to file his notice and grounds of appeal to the Supreme Court, he is left with just seven days; and it is only fair that he should be allowed to exercise his constitutional right of appeal without any inhibition, within the fraction of days left for him.
“We reiterate that this response has been borne out of a compelling duty and responsibility to the administration of justice; and, as counsel, it is our responsibility to draw attention to these salient statutory imperatives.”
