In a decisive ruling, the Court of Appeal in Abuja upheld the election of Governor Uba Sani of Kaduna State, dismissing the appeal filed by the Peoples Democratic Party (PDP) and its candidate, Mohammed Ashiru.
The unanimous decision by a three-member panel of Justices affirmed the verdict of the Kaduna State Election Petition Tribunal, which had validated Governor Sani’s victory in the March 18 gubernatorial election.
Key Points:
- Premature Application Dismissed: The Court of Appeal found that the PDP and its candidate breached the Electoral Act 2022 by prematurely applying for a pre-hearing notice. The court emphasized that such applications must be filed seven days after the close of pleadings, and the petitioners’ early application was considered a violation.
- Invalid Statements on Oath: The court ruled that statements on oath from witnesses, not filed alongside the petition within the prescribed 21 days, were legally incompetent. Additionally, it noted that most witnesses provided hearsay evidence, further diminishing the credibility of the petition.
- Tribunal’s Evaluation Upheld: The appellate court commended the Kaduna State Election Petition Tribunal for properly evaluating the evidence presented by both parties and according probative value to them. It rejected all five issues raised in the appeal, emphasizing the lack of merit.
- Costs Imposed on Parties: The Court of Appeal ordered that both parties bear their respective costs, underscoring the lack of merit in the appeal.
Background:
Governor Uba Sani, representing the All Progressives Congress (APC), secured victory with 730,001 votes, surpassing PDP candidate Mohammed Ashiru, who garnered 719,196 votes. Dissatisfied with the outcome, the PDP and Ashiru approached the tribunal, alleging irregularities, including the wrongful cancellation of polling unit results and inconsistencies in INEC’s accreditation records.
The tribunal, led by Justice Victor Oviawie, dismissed the petition on technical grounds, deeming it abandoned due to the PDP’s failure to file the pre-hearing application within the prescribed timeframe.
With the Court of Appeal’s affirmation, Governor Uba Sani’s mandate stands, solidifying the APC’s electoral success in Kaduna State.