KANO; Clerical Error Explanation Untenable — Former NBA President Akpata Faults Court Of Appeal Registrar

*Calls On Appeal Court President To Explain Judgement Discrepancy
*Says Kano Court Of Appeal Judgement Discrepancy Bizarre, Exacerbating Judicial Crisis

Former President of the Nigerian Bar Association (NBA), Olumide Akpata, has called on the President of the Court of Appeal, Justice Monica Dongban-Mensem, to provide an explanation regarding the reported discrepancy between the judgement pronounced in open court and the certified true copy (CTC) obtained from the court registry, in the recently concluded Kano State gubernatorial election appeal.

In a detailed statement signed by him, Akpata expressed concerns over the sub-optimal recruitment process for Justices of the Appeal Court which he had raised in the past, stating that some candidates displayed a lack of basic legal knowledge. He said this situation portends negatively for the future of the judiciary and the country.

Referring to the Kano election appeal judgement discrepancy as “bizarre”, Akpata said the incident has exacerbated the crisis in the Nigerian judiciary which continues to deliver confusing judgements. He added that the suggestions making rounds that the judgement may have been altered or tampered with are gaining traction and imperiling the judiciary and Nigeria’s democracy.

Akpata faulted the claim by the Appeal Court’s Chief Registrar, Umar Bangari, that the discrepancy was due to a clerical error, stating that the fundamental nature of the error makes it difficult to accept without cogent explanation.

He thereby urged the President of the Court of Appeal as the head of the institution to provide clarification on the matter, given the high stakes and dire situation. Akpata said it is imperative Justice Dongban-Mensem makes a categorical statement herself rather than leave it in the hands of registry officials.

Below is this full text statement

STATEMENT REGARDING THE DISCREPANCY IN THE COURT OF APPEAL’S JUDGEMENT IN THE KANO GUBERNATORIAL ELECTION APPEAL

1. During my tenure as the 30th President of the Nigerian Bar Association (NBA) and a member of the Interview Committee of the National Judicial Council (NJC), I raised concerns about the screening process for potential Justices of the Court of Appeal. Some candidates displayed a lack of knowledge of basic legal principles, and the defense was that they would learn on the job.
2. At the NBA-NEC meeting in Uyo on March 18, 2021, I publicly shared these concerns and warned of potential negative consequences. This information was later publicized on social media.
3. Hon. Justice Monica Dongban-Mensem, the President of the Court of Appeal, defended the recruitment process.
4. Since the conclusion of my NBA presidency, I have reiterated the issue of sub-optimal recruitment in the Nigerian Judiciary and its implications for the nation.
5. At the Rule of Law Symposium during the IBA Annual Conference on November 3, 2023, in Paris, I highlighted the impact of a flawed recruitment process and the executive’s impoverishment of Judges on the Rule of Law in Nigeria.
6. Criticism arose after the video of my symposium contribution surfaced, with some viewing it as airing internal national issues internationally.
7. Despite criticism, many well-meaning Nigerians, senior Legal Practitioners, and some Judges supported my position.
8. Recent events, particularly the apparent discrepancy in the Kano State Gubernatorial Petition Appeal, have unfortunately vindicated my position.
9. Suggestions that the judgment may have been intercepted and the mix-up a result of a hastened heist, though unsubstantiated, are gaining traction and posing a threat to the Judiciary and democracy.
10. The Chief Registrar of the Court of Appeal, Umar Bangari, attributes the discrepancy to a clerical error and suggests applying to the Court to correct it. I find this approach untenable and inconsistent with existing laws.
11. I urgently call on the PCA, Hon. Justice Monica Dongban-Mensem, to provide a cogent explanation and clarification on this matter.
12. Given the high stakes and the dire situation in the Judiciary and the country, it is imperative for His Lordship to make a categorical statement, bypassing Registry officials.

OLUMIDE AKPATA, Fmr-NBA President