Home OPINION Abba Yusif and Nasir Gawuna: Clarifying Legal Landscape: The Slip Rule,...

Abba Yusif and Nasir Gawuna: Clarifying Legal Landscape: The Slip Rule, Recent Judicial Controversies

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By Hadiza Nasir Ahmad Esq

On the 17th November 2023 the court of Appeal Abuja division dismissed the appeal challenging the judgement of the Kano Election Petition Tribunal which declared Nasiru Yusuf Gawuna as the winner of the Election conducted on the 18th march 2023.

Read Also: Confusion Trails as CTC Conflicts With Court Judgment, Affirms Yusuf’s Election

Also it allowed the cross appeal filed by the All Progressives Congress Kano on the issue membership and sponsorship of Abba Kabir Yusuf by NNPP and his qualifications to contest an election.

The CTC of the judgement was released yesterday and there was confusion as the judgement witness a slip issue a typographical errors as the words appeIlant and respondents was interchangeable use I suggest the confusion came from the typist not the judges Taking into cognisance they read the manuscript in the open Court.

Those who were present in court and who heard what the JCA read in open court know that what is presently in circulation does not represent the truth.

This issue of clerical or typographical error can be cured without an application and in law it is called the slip rule principle.

Read Also: WAI Urges Peace Ahead of Kano Governorship Election Petition Appeal Verdict

The slip rule is a legal principle that allows a court to correct clerical or typographical errors, accidental omissions, or other mistakes in its judgments or orders without the need for a formal appeal.

This rule is based on the idea that the court should be able to rectify errors that are not substantive or related to the merits of the case.

The slip rule is applied to ensure that the final judgment accurately reflects the court’s intention and decision

In cases where there is a slip of the pen in the certified true copy of a judgment, the court may set aside the error and issue a corrected version.

– This process ensures that the official and final record accurately reflects the court’s decision

it is held in the case case of ANYOARAH & ORS v. ANYAORAH (2001) FWLR (pt. 73) 178 @ 199, 200 – 1 CA that the judges have the Inherent powers exist for judges to correct judgement to reflect correct intention” –

Even though CTC does appear as a distorted shopped copy aimed at either creating confusion or discrediting the learned Justices of the Court of Appeal.

Read Also: BREAKING: Kano Guber Poll: Tribunal declares Nasiru Gawuna winner sacks Gov. Abba

The party that loose the appeal should desist from using this to heat the polity or to cause the breakdown of law and order instead of trying to cause confusion they still have a window to contest the decision of the court of appeal at the Supreme court.

We lawyers must must be very about careful about our utterances against the Judiciary and how we project the judiciary in the eyes of the public it is unbecoming and against the ethics of our noble profession.

Unless we are ready for anarchy.

Hadiza Nasir Ahmad Esq is Kano Based Legal Practitioner.

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