Kaduna Guber: Gov Sani files cross appeals as Ashiru heads to A/Court

From: Femi Oyelola, Kaduna

The People’s Democratic Party (PDP) Candidate in the 2023 governorship election in Kaduna State, Isa Ashiru goes to Appeal court to challenge the dismissal of his petition by the Tribunal
Meanwhile, Governor Uba Sani has in cross appeal, asked the Court of Appeal, to reverse the controversial alternative ruling of the Tribunal, ordering supplementary election in the state.
Despite emerging victorious from the main ruling of the Tribunal, delivered on September 28, Governor Sani, is contesting the alternative majority ruling, which created a path for his Peoples Democratic Party opponent, Ashiru Isa, to claim victory.
In the cross-appeal, Sani, had through his counsel, former Attorney General of the Federation and Minister of Justice, Chief Bayo Ojo, SAN is demanding five principal reliefs.
He prays for 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.
The Governor is demanding is an order dismissing the alternative reliefs of the petition for supplementary election in any polling unit in Kaduna State, which were granted by the tribunal.
“An order striking out the 1st and 2nd cross respondents’ (PDP and Isa) petition for being a statue barred.
“An order striking out the 1st and 2nd cross respondents’ petition for non-compliance with the Electoral Act, 2022 and an order allowing the cross-appeal.”
Uba through Ojo noted that the learned trial judges erred in law when they failed and/or refused to pronounce on the cross-appellant’s Motion on Notice, seeing the Tribunal ‘s order to pronounce on the cross-appellant’s preliminary objection before taking further steps in the proceeding.
“The learned trial judges erred in law when they relied on documents which were legally inadmissible to hold that the number of permanent voters’ cards collected in some polling units were more than the margin of lead between the cross-appellant and the 1st and 2nd respondents.
“The learned trial judges erred in law when they placed reliance on the Forms EC40G series, which are legally inadmissible in law.
*The learned trial judges erred in law when they placed reliance on the Forms EC40G series when their makers were neither called as witnesses nor any witness called from the respective polling units they relate to.
“The learned trial judges erred in law when, after finding that the FORMS EC40G series were riddled with discrepancies still proceeded to rely on these discrepant FORMS EC40G series to order for supplementary election in the polling units.
“The learned trial judges erred in law and breached the cross-appellant’s right to a fair hearing when they appropriated one of the 1st and 2nd respondents’ witnesses (PW 1) as a witness of the Tribunal.
“The learned trial judges of the Tribunal (Coram: Hon. Justices V.O.A Oviawe, K.D Damulak and Victoria T. Nwoye) erred in law when they suo moto concluded that the date of declaration of results of the Governorship Election was excluded thereby necessitating their decision that the petition was filed within the 21 day period.
The tribunal threw the political space into a spin when, in a double majority decision, dismissed Isa’s petition for fatal non-compliance with the regulating laws, before proceeding to give an alternative ruling, favouring the petitioners.
The dismissal of the petition gave substantive victory to the governor.
“ Isa in his appeal, provided 24 grounds, to upturn the dismissal of his petition.
The opposition candidate is also seeking an order of the higher court, invalidating Sani’s victory. “