Uba Sani, Ashiru take battle to Appeal Court as gov files crosss-appeal on Kaduna tribunal’s judgement

The Kaduna State Governor, Uba Sani, has approached the Court of Appeal in the state to set aside the dissenting verdict of the election petition tribunal which ordered a supplementary poll in the state.

The three-member panel led by Justice Victor Oviawe on September 28 upheld the governor’s victory in the March 18 election in the state.

In a 2:1 verdict, the tribunal dismissed the petition filed by the Peoples Democratic Party (PDP) candidate, Isa Ashiru, for lack of merit.

The panel however noted that if the petition had not been dismissed for lack of merit, it would have ordered a supplementary election in 22 polling units within 90 days.

The ruling caused confusion across the country with the two contending parties claiming victory at the tribunal.

Ashiru had since filed 24 grounds of appeal and asked the appellate court to nullify Sani’s victory in the election.

READ ALSO:  More confusion as Gov Sani, PDP rival claim victory in Kaduna tribunal

In a cross-appeal filed by his legal team led by a former Attorney General of the Federation and Minister of Justice, Chief Bayo Ojo (SAN), the governor listed 14 grave errors committed by the tribunal in arriving at its second conclusion.

He said the tribunal caused confusion in the political space when in a majority decision, dismissed the PDP candidate’s petition for non-compliance with the electoral act, before proceeding to deliver an alternative ruling that favoured the petitioners.

The notice was made available to journalists on Sunday.

 The five reliefs the governor is seeking from the appellate court are:

•  An order setting aside the majority decision of the Kaduna State Governorship Election Petition ordering supplementary election in 22 polling units or any unit whatsoever delivered on Thursday, 28th of September, 2023, by Hon. Justices K.D Damulak and Victoria T. Nwoye.
• 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.
• An order allowing the cross-appeal.

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