*Says Election Not Inconclusive
The Court of Appeal sitting in Abuja on Friday, cancelled the Kaduna State Governorship election tribunal order for election rerun and affirmed the election of Governor Uba Sani of Kaduna State.
The Appellate Court dismissed an appeal instituted by the Peoples Democratic Party, PDP, and its candidate, Mohammed Ashiru, challenging the outcome of the governorship election that was held in the state on March 18.
In a lead judgement that was delivered by Justice Obietonbara Daniel-Kalio, the court upheld the verdict of the Kaduna State Election Petition Tribunal, which validated Governor Sani’s election.
It held that the tribunal was right in its majority decision when it declared the petition by the PDP and its candidate as abandoned.
It resolved all the five issues that were raised in the appeal, against the Appellants.
Justice Obietonbara Owupele Daniel-Kalio who read judgments of the Court of Appeal on the main and cross appeal, also reversed the order of the Tribunal on the Independent National Electoral Commission INEC to conduct supplementary elections in 22 polling units in four Local Government Areas of the state.
In the main appeal, Justice Daniel-Kalio resolved all the five formulated issues against the Peoples Democratic Party (PDP) and its candidate in the 2023 election, Mohammed Isah Ashiru.
The five issues bothered on alleged malpractices, over voting, manipulation of results collations and ballot stuffing made by PDP and its Governorship candidate.
In the cross appeal filed by the All Progressives Congress APC, which challenged the declaration of the election inconclusive, the Court of Appeal resolved the three formulated issues in favour of the party and vacated the declaration of the Tribunal.
The Court held that evidence relied upon by the Tribunal to declare the election inconclusive were manifestly bad, unreliable and ought not to have given any probative value.
A 3- man panel of Justices of the Court headed by Justice Obietonbara Owupele Daniel-Kalio and supported by James Gambo Abundaga and Mohamed Baba Idris delivered the unanimous judgments.
“The appeal lacks merit and it is accordingly dismissed. Parties are to bear their respective costs,” the court held.
“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.
Earlier, the panel had dismissed Ashiru’s appeal before making pronouncement on the cross appeal.
Governor Sani’s cross-appeal was argued by his legal team, headed by former Attorney General of the Federation and Minister of Justice, Chief Bayo Ojo, SAN.
The governor, in his cross-appeal against the alternative ruling, listed 14 grounds of errors, committed by the tribunal in arriving at its second conclusion.
