Chief Wole Olanipekun (SAN) yesterday disagreed with the Court of Appeal’s request to retrieve its recently issued Certified True Copy judgement on the Kano governorship election for alleged errors.
In his response yesterday, Olanipekun faulted the Court of Appeal’s attempt to recall the judgment after providing it to his client and appellant, Abba Kabir Yusuf, on November 21st.
The senior advocate argued that the court became functus officio following the expiry of the constitutionally mandated 60-day deadline for election appeals on November 18.
Olanipekun insisted that any correction application can only be entertained henceforth by the Supreme Court. He warned that withdrawing the judgment would inhibit Yusuf’s right to appeal within 14 days.
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The lawyer also countered the claim that parties had applied for rectification of errors, stressing none exists from their end. He reiterated that the Court of Appeal is bereft of powers to revisit a case after 60 60-day lapse.
Sources disclosed that Olanipekun’s refusal may indicate substantive discrepancies between the physical copy issued and what was delivered in court. There are suspicions of likely tampering.
Yusuf has rejected the appellate judgment validating Nasiru Gawuna of APC as duly elected Kano governor.
