Tribunal affirms Uba Sani as Kaduna Governor , dismisses Ashiru’s petition

By Femi  Oyelola, Kaduna

The Kaduna State Gubernatorial Election Petition Tribunal has upheld the election of Governor Uba Sani of the All Progressives Congress (APC), while dismissing the petition filed by the People’s Democratic Party (PDP) gubernatorial candidate, Hon. Isah Ashiru Kudan.

The judgment, which took five and half hours, saw the three-man panel of judges led by Justice Victor Oviawie, Justice K. Damlat and Justice N. Nonye, struck out the petition because the preliminary notice was filed out of time, after the seven days prescribed by the constitution, and was deemed to have been abandoned.

Giving a split judgment, Justice Victor Oviawie said the preliminary notice was filed outside the seven days prescribed by the constitution from the day when the main case was filed, adding that the petition was deemed to be abandoned and this judgment was also towed by Justice N. Nonye, while Justice K. Damlat differed, noting in his own verdict that the preliminary notice was properly filed and was not abandoned.

However, looking at the merit of the petition, despite it’s being dismissed in the lead judgment, the tribunal in a majority judgement supported by Justices K. Damlat and N. Nonye, said the petitioner was able to prove beyond doubt that the election was invalid in 22 polling units across four local government areas, adding that the number of registered voters in the four local governments are more than the 10,806 votes margin with which Uba Sani defeated Isah Ashiru Thus the election was inconclusive.

Though the lead judge, Justice Victor Oviawie differed, as he believed that the allegations that the elections were invalid in those 22 polling units within four local governments were not proved beyond doubt.

Reacting to the judgment, counsel to the APC, Barr. Sanusi Musa said they are happy with the judgment adding that they have no course to file any appeal as the judgment is in their favour.

“The tribunal has dismissed the petition filed by PDP and it’s candidate in the lead judgment. The tribunal ruled that the petition has been abandoned and it was dismissed. We are happy with the judgment because it affirmed the election of Governor Uba Sani.”

Speaking on the other judgment by the tribunal which looked at the merit of the case, Barr. Musa said, “when the tribunal looked at the merit of the petition, two of the judges said election in 22 polling units is inconclusive because the number of registered voters in the is more than the margin between the winner and the runners up”.

Counsel to the PDP, Barr. Baba Aliyu in his reaction to the judgment said they are not fully satisfied with the judgment adding that they wanted their client, Hon. Isah Ashiru Kudan to be declared the winner of the election based on their arguments and facts they laid before the tribunal. He however stated that they would probably appeal the judgment because they believed that with the evidence before the tribunal the election should have been upturned.

..The governor reacting to the verdict in a statement signed by his Chief Press Secretary, Muhammad Lawal Shehu described the judgment as a win for democracy.

“Kaduna State Governor, Senator Uba Sani has welcomed the judgment of the Kaduna State Election Petition Tribunal which upheld his election in the March 18, 2023 Gubernatorial Elections, describing the verdict as a win for democracy, the rule of law, validation of the people’s will and above all, God’s decree.

“On this historic day, I join the people of Kaduna state to celebrate this monumental victory for democracy” the Governor stated.

“I consider this verdict not only as a win, but a call to action, a call to deliver on our campaign promises as captured in the SUSTAIN agenda. This victory is a testament to the strength of our great judicial institutions and a proud moment for me as one of the pioneer advocates for democratic governance in Nigeria decades ago”

“The Deputy Governor,  Dr Hadiza Sabuwa Balarabe and I, express our immense gratitude to the good people of Kaduna State for their prayers, support and firm belief in our mandate.
Indeed, your unshaken loyalty and confidence in our administration is the propellant to ensuring we continue to deliver on our promises to you. ” Governor Sani added.

“The Governor while commending the tribunal judges for their diligence and steadfastness in handling the case, described their commitment to upholding truth, justice and the rule of law as exemplary”.

“Additionally, he thanked his erudite legal team for their representation, and  praised the leadership and members of the ruling All Progressives Congress (APC) for their unflinching support from the beginning of the tribunal.

“Finally, in the spirit of togetherness, Governor Uba Sani has resolved to continue to encourage dialogue with all stakeholders irrespective of political divides, he also promised to maintain an open-door policy to well-meaning citizens to move our great state forward”.