From Femi Oyelola, Kaduna
Governor Uba Sani of Kaduna State has firmly held his position at the Kaduna Gubernatorial Election Petition Tribunal amidst the petition brought forth by the People’s Democratic Party (PDP) and its candidate, Isa Ashiru that the petitioners have abandoned their case due to the premature service of their application for pre-hearing notice.
During the Friday sitting, the Governor’s counsel, Chief Duro Adeyele (SAN), reaffirmed their position and explained that they have no reason to call any witnesses to give testimony.
Chief Duro Adeyele (SAN) stated, “The second respondent has thirty witnesses available and willing to testify, but we see no need to do so. We have made our decision and respectfully rested our case.”
On July 31st, Justice Victor Oviawie, the Chairman of the 3-man panel, announced that the decision on the application made by the second respondent to dismiss the petition against the Governor will be communicated to all parties involved at a later date.
During the previous argument, the Governor’s legal team, led by former Attorney General of the Federation and Minister of Justice, Chief Bayo Ojo (SAN), contended that the petition had been rendered abandoned due to incurable procedural errors, in accordance with the laws guiding petition adjudication.
In his argument, Chief Bayo Ojo (SAN) referred to the July 18, 2023 judgment of the Court of Appeal regarding the case of the All Progressives Congress against the Enugu State Governor, Peter Mbah. He highlighted that the petition was dismissed at the preliminary stage due to a crucial procedural error made by the petitioners in their application for the pre-hearing notice.
Chief Bayo Ojo (SAN) stated that based on the recent pronouncement by the Court of Appeal, the principle of stare decisis, which is a Latin term meaning “let the decision stand” or “to stand by things decided” makes it compelling for lower courts to line behind the decisions of superior courts.
“Following the conclusion of the second respondent’s case, the APC, as the third respondent, began presenting its defence, as part of their defence, they submitted six documents as exhibits to support Governor Sani’s election victory.
“These documents consisted of certified true copies of the INEC results in Kaduna South, Kubau, and Lere Local Government Areas. These documents were not opposed by any of the counsels except for those representing the petitioners. After the documents were admitted, APC counsel informed the Tribunal that they had closed their case.
“After all, parties closed their case, Justice Victor O Oviawe adjourned the proceedings until September fourth for the adoption of final written addresses.”
