Toba Owojaiye Reporting
In a recent twist in the Kaduna State gubernatorial election saga, Governor Uba Sani has taken legal action by approaching the Court of Appeal in Kaduna. His aim is to overturn the dissenting verdict of the election petition tribunal, which had called for a supplementary poll in the state. This decision came as a result of a split verdict by the tribunal that created a path for his Peoples Democratic Party (PDP) opponent, Ashiru Isa, to potentially claim victory.
The initial ruling by the Justice Victor Oviawe-led three-man tribunal panel on September 28 was characterized as conflicting and confusing. It left both the respondents and the petitioners claiming that it favored their respective positions. In a 2:1 virtual verdict delivered via zoom, the respondents asserted that the petition by the PDP candidate, Isa Ashiru, was dismissed for lack of merit, while the petitioners argued that it was dismissed for breaching the Electoral Act of 2022.
The tribunal’s decision led to confusion nationwide, with both parties declaring victory. Ashiru subsequently filed an appeal, presenting 24 grounds for nullifying Sani’s election victory.
Governor Uba Sani, in a cross-appeal led by a former Attorney General of the Federation and Minister of Justice, Chief Bayo Ojo (SAN), listed 14 significant errors made by the tribunal in reaching its alternative ruling. He argued that the tribunal had caused confusion in the political arena by first dismissing the PDP candidate’s petition for non-compliance with the electoral act and then issuing an alternative ruling that favored the petitioners.
The five reliefs sought by Governor Uba Sani from the Court of Appeal include setting aside the majority decision of the Kaduna State Governorship Election Petition that ordered a supplementary election, dismissing the alternative reliefs of the petition for a supplementary election, and striking out the PDP and Isa’s petition for being statute barred and for non-compliance with the Electoral Act of 2022. The governor is also seeking an order allowing the cross-appeal.
The petitioner, Isa Ashiru, has expressed his rejection of the tribunal’s judgment and confirmed his intention to file an appeal. He highlighted the tribunal’s recognition of merit in his case regarding the margin of victory between the two leading candidates. Ashiru reassured the people of Kaduna state that he would pursue the mandate they had given him to its logical conclusion through the appeal process.