The Kaduna State Governor, Uba Sani, has approached the Court of Appeal sitting in Kaduna to set aside the dissecting verdict of the election petition tribunal which ordered a supplementary poll in the state.
The governor is contesting the alternative majority ruling which created a path for his Peoples Democratic Party opponent, Ashiru Isa, to claim victory.
This followed the main ruling of the Justice Victor Oviawe-led three-man tribunal panel, delivered on September 28, which judgement was termed conflicting and confusing with both the Respondents and Petitioner claiming it was in their favour.
In a 2:1 virtual verdict delivered via zoom, while the respondents claimed the tribunal dismissed the petition filed by the Peoples Democratic Party (PDP) candidate, Isa Ashiru, for lack of merit, the petitioners however claimed it was dismissed for breach of the Electoral Act, 2022.
The panel however ordered for a supplementary election in 22 Polling Units with not less than 16,000 registered voters in four local government areas of the state within 90 days.
The ruling caused confusion across the country with the two contending parties claiming victory at the tribunal.
Ashiru had since filed 24 grounds of appeal and asked the appellate court to nullify Sani’s victory in the election.
In a cross-appeal filed by his legal team led by a former Attorney General of the Federation and Minister of Justice, Chief Bayo Ojo (SAN), the governor listed 14 grave errors committed by the tribunal in arriving at its second conclusion.
He said the tribunal caused confusion in the political space when in a majority decision, dismissed the PDP candidate’s petition for non-compliance with the electoral act, before proceeding to deliver an alternative ruling that favoured the petitioners.
The notice was made available to journalists on recently.
The five reliefs the governor is seeking from the appellate court are:
An order setting aside the majority decision of the Kaduna State Governorship Election Petition ordering supplementary election in 22 polling units or any unit whatsoever delivered on Thursday, 28th of September, 2023, by Hon. Justices K.D Damulak and Victoria T. Nwoye.
An order dismissing the alternative reliefs of the petition for a supplementary election in any polling unit in Kaduna State which was granted by the tribunal.
An order striking out the 1st and 2nd cross respondents’ (PDP and Isa) petition for being statute barred.
An order striking out the 1st and 2nd cross respondents’ petition for non-compliance with the Electoral Act, 2022.
An order allowing the cross-appeal.
The Petitioner, Right Hon. Isah Ashiru had in a statement he personally signed on 29 September, rejecting the Tribunal judgement with the view to file an appeal, asserted:
“Accordingly, the trial tribunal finds merit in the aspect of the petitioner’s case relative to the margin of win between the two leading candidates. The tribunal by a split decision of 2:1 accordingly, nullified the election of the Governor of Kaduna State, ordered that the Certificate of Return be retrieved and fresh elections be conducted in some polling units in 4 LGAs and the outcome thereof be reckoned with before the declaration of the winner of the governorship election in Kaduna state.
“I want to again thank the people of the state while urging them all to remain law abiding while we pursue the appeal process.
“One thing I can assure the good people of Kaduna State is that I will pursue this mandate you freely gave me to its logical conclusion and by the grace of God, victory is on our side.”
