Kaduna State Governor Uba Sani has demanded for 5 principal reliefs asked the Court of Appeal in Kaduna to reverse the alternative verdict of the Kaduna Governorship Election Petitions Tribunal, ordering a supplementary election in the state.
Governor Sani is challenging the alternative majority verdict of the tribunal delivered on September 28 which created a path for the governorship candidate of the Peoples Democratic Party (PDP), Isa Ashiru, to lay claim to victory.
The lead lawyer to Governor Sani and former Attorney -General of the Federation (AGF) and Minister of Justice, Chief Bayo Ojo (SAN), had filed a cross-appeal on behalf of the Kaduna Governor at the appellate court
In its judgement on September 28, the tribunal had in its double majority decisions, dismissed Isa Ashiru’s petition for non-compliance with the regulating laws, before proceeding to give an alternative verdict in favour of the petitioners.
But the dismissal of the petition gave a substantive victory to Governor Sani.
Ashiru and the PDP have filed an application before the Court of Appeal, challenging the tribunal’s dismissal of their petition.
In his cross-appeal against the alternative verdict, Governor Sani had listed 14 grounds of errors, committed by the tribunal in arriving at its second conclusion.
Ojo had in the five reliefs filed on behalf of Governor Sani, is asking the Court of Appeal to give “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.”
The former AGF is also seeking for the following reliefs on behalf Governor Sani:
“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 Ashiru) 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.”
Governor Sani further cited the portions he is kicking against, including;” The part of the majority decision granting the alternative reliefs of the 1st and 2nd cross-respondents, ordering the conduct of supplementary election in 22 polling units in Kaduna State.”
“Part of the decision of the Tribunal dismissing the cross-appellant’s (Uba and APC) objection to the competence of the petition on account of being statute barred.
*Part of the decision of the Tribunal dismissing the cross-appellant’s motion challenging the petition on account of non-compliance with the Electoral Act, 2022.
In his grounds of appeal, Ojo on behalf of Governor Uba, noted that, “The learned trial judges erred in law when they failed and/or refused to pronounce on the cross-appellant’s Motion on Notice, seeking the Tribunal‘s order to pronounce on the cross-appellant’s preliminary objection before taking further steps in the proceeding.”
“The learned trial judges erred in law when they relied on documents which were legally inadmissible to hold that the number of permanent voters’ cards collected in some polling units were more than the margin of lead between the cross-appellant and the 1st and 2nd respondents.”
“The learned trial judges erred in law when they placed reliance on the Forms EC40G series, which are legally inadmissible in law.
*The learned trial judges erred in law when they placed reliance on the Forms EC40G series when their makers were neither called as witnesses nor any witness called from the respective polling units they relate to.”
“The learned trial judges erred in law when after finding that the FORMS EC40G series were riddled with discrepancies still proceeded to rely on these discrepant FORMS EC40G series to order for supplementary election in the polling units.
The learned trial judges erred in law and breached the cross-appellant’s right to fair hearing when they appropriated one of the 1st and 2nd respondents’ witnesses (PW 1) as a witness of the Tribunal.”
“The learned trial judges of the Tribunal (Coram: Hon. Justices V.O.A Oviawe, K.D Damulak and Victoria T. Nwoye) erred in law when they suo moto concluded that the date of declaration of results of the Governorship Election was excluded thereby necessitating their decision that the petition was filed within the 21 days’ period.”
But Isa Ashiru in his appeal anchored on 24 grounds is asking the appellate court to reverse the dismissal of his petition by the tribunal and nullified Governor Sani’s victory.
