*APC, PDP express divergent views, claim victory over judgment
The Governorship Election Petitions Tribunal sitting in Kaduna has dismissed the petition of the Peoples Democratic Party (PDP) and its governorship candidate, Isah Ashiru and upheld the preliminary objection of All Progressives Congress (APC) and Governor Uba Sani.
The Independent National Electoral Commission (INEC) had declared Sani as the winner of the March 18 governorship poll but Ashiru and his party had rejected the result and approached the tribunal for redress.
The three-man panel led by Justice Victor Oviawe delivered its judgement via Zoom on Thursday.
The panel also struck out the PDP’s petition on the grounds that the preliminary notice was filed out of time.
Delivering the split judgment of two to one , Justice Oviawie held that the preliminary notice was filed outside the seven days prescribed by the 1999 Constitution (as amended) from the day when the main case was filed, saying that the petition was deemed to be abandoned.
Justice N. Nonye also concurred with the verdict of Justice Oviawie while Justice K. Damlat differed, saying in his own dissenting verdict that the preliminary notice was properly filed and was not abandoned.
But the Tribunal in a majority judgement by Justices K. Damlat and N. Nonye, held that Ashiru was able to prove beyond doubt that the election was invalid in 22 polling units across four local government areas, saying that the number of registered voters who collected their PVCs in the four local governments were more than the 10,806 votes margin with which Governor Sani defeated Ashore.
The two panel members consequently declared the election as inconclusive and ordered for a rerun in disputed 22 polling units across four local governments.
But the tribunal chairman, Justice Oviawie, differed and held that the allegations that the elections were invalid in those 22 polling units within four local governments were not proved beyond reasonable doubt.
The Tribunal Chairman therefore upheld the election of Governor Sani and dismissed the petition by the PDP and Ashiru.
The split judgment of two to one, which took about five and half hours, struck out the PDP and Ashiru’s petition on the grounds that the preliminary notice was filed out of time as the document was filed after the seven days prescribed by the constitution and was deemed to have been abandoned.
APC, PDP express divergent views
Meanwhile, confusion has continued to trail the judgment as both the APC and the PDP are now laying claim to victory, arising from the judgment.
In his reaction to the verdict, lawyer to the APC, Sanusi Musa (SAN) said he was happy with the verdict , adding that there is no cause to file any appeal as the judgment is in his client’s favour.
He said, “The summary of the judgement is simple. The tribunal has dismissed the petition filed by the PDP in the morning. But by the provision of the constitution, they are required to also consider the petition on merit, so on merit, two of them said that election supposed to be conducted in 22 polling units because the number of voters their exceed the margin of lead.
“The PDP wanted it declared as the winner of the election, the tribunal said that the party and its candidate have no proof. They alleged that there are corrupt practices perpetrated by the APC. But the tribunal said they they have no proof. So in essence, as at today, the PDP petition is dismissed by the tribunal.
“Unless PDP appeal to the Court of Appeal, then we will now know what will happen there, but the petition has been dismissed.
“If you’ve been in the tribunal since morning, there is a notice of preliminary objection which the tribunal ruled that the petition has been abandoned, so it is dismissed, but by the provision of the constitution, the Tribunal will have to determine the petition in its merit.
“That is, assuming the Court of Appeal said it was wrong, then this is its decision on merit, but the main decision of the tribunal is that the petition is dismissed. That is the verdict of the tribunal by the first ruling delivered by the chairman and a member oof the tribunal.”
But the lawyer to the PDP, Barr. Baba Aliyu, has differed in his reaction, saying that the tribunal has declared the election as inconclusive.
He said, “Court has delivered the judgement, directing that the election in Kaduna State is inconclusive and there should be a re-run election in about four local governments.”
Regarding the number of polling units involved, Aliyu said: “That we have to look at the details but it has to be in four local governments.”
When asked how the tribunal arrived at its judgement, Aliyu said: “It was based on facts placed before it. The court arrived at the decision based on the submissions and arguments of lawyers. The majority of the tribunal judges decided that the election was inconclusive and one judge affirmed the election. But, the majority of the tribunal said the election must be re-run because it was inconclusive.”
“One way or the other, we are still going to test the arm of judgement. It is okay. It is brilliant, because we believe that the materials we placed before the tribunal is sufficient. It even declared that our candidate was the winner of the election. PDP won the election. I cannot say we are satisfied or not satisfied, but I’m telling you that if we go to this re-run election, definitely we are going to come out victorious.”
In a related development, Governor Sani has welcomed the judgment of the Tribunal which upheld his election in the March 18, 2023 Gubernatorial Elections, describing the verdict as a win-win for democracy, the rule of law, validation of the people’s will and above all,God’s decree.
In a statement made available on Thursday by his Chief Press Secretary, Muhammad Lawal Shehu, Governor Sani said, “I consider this verdict not only as a win but a call to action, a call to deliver on our campaign promises as captured in the SUSTAIN agenda .This victory is a testament to the strength of our great judicial institutions and a proud moment for me as one of the pioneer advocates for democratic governance in Nigeria decades ago”
Governor Sani also said he has resolved to continue to encourage dialogue with all stakeholders irrespective of political divides and promised to maintain an open-door policy to well-meaning citizens to move Kaduna State forward.
In another statement from Ashiru, the PDP candidate said, “On the preliminary objection, the tribunal, based on the majority of 2:1 judges upheld the preliminary objection of the respondent to the effect that the application for pre-hearing was done prematurely i.e. before the service of the last set of petitioners’ reply to the 2nd respondent’s reply to the petition was served.
“However, the law enjoins the tribunal, as a trial court, to proceed to pronounce on the merit of the substantive suit so that in the event the Court of Appeal finds that the trial tribunal was wrong in its decision on the preliminary objection, it would have the benefit of pronouncing on the decision of the tribunal in the substantive matter.
He further claimed that , ” 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 Kaduna State Governor and 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”.
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