The dispute over the Kaduna State governorship election has taken a new twist as the Independent National Electoral Commission (INEC) and the All Progressives Congress (APC) have made a strong plea to the Supreme Court to disregard the appeal filed by the Peoples Democratic Party (PDP) and its governorship candidate, Mohammed Ashiru Isa.
INEC and APC have separately presented preliminary objections, arguing that the appeal from PDP and Isa lacks merit and should not be entertained by the apex court.
During the court proceedings, both respondents emphasized the findings of the Kaduna State Governorship Election Petitions Tribunal and the Court of Appeal, asserting that the petition was not compliant with the provisions of the Electoral Act, 2022. They highlighted that the petitioners violated Paragraph 18(1) of the First Schedule to the Electoral Act, 2022, by prematurely applying for a pre-hearing notice, which should have been filed seven days after the close of pleadings as stipulated by the law.
The legal representatives of INEC and APC urged the Supreme Court to reject any request to give probative value to the appeal and to either strike it out or dismiss it entirely.
Furthermore, the main appeal presented by Governor Uba Sani, represented by Chief Bayo Ojo, SAN, called for the dismissal of the appeal, arguing that it lacked merit and substance. Ojo emphasized that the case presented by PDP and its governorship candidate failed to substantiate their allegations, pointing out that many witness statements were invalid as they were not filed alongside the petition. The former Attorney General of the Federation also highlighted that the appellants’ witnesses provided hearsay evidence against the election of Governor Uba Sani.
Following arguments from the legal counsels, Justice Kudirat Kekere-Ekun, leading a panel of five Justices, announced that judgment has been reserved for a later date.
The Court of Appeal in Abuja previously upheld the election of Uba Sani as Kaduna State governor, dismissing the petition brought by PDP and Ashiru. The petitioners alleged that the election was marred by irregularities and non-compliance with electoral laws, including wrongful cancellation of polling unit results and inconsistencies in INEC’s accreditation records.
However, in a judgment delivered on September 28, the Tribunal dismissed the petition on technical grounds, deeming it abandoned due to the failure to file a pre-hearing application within the prescribed timeframe.
As the legal battle escalates, the Supreme Court’s forthcoming judgment is highly anticipated, as it will determine the resolution of the disputed Kaduna governorship election.
