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The counsel for the Independent National Electoral Commission (INEC), Abdulahi M. Aliyu, has urged the Supreme Court to dismiss the appeal filed by the Peoples Democratic Party (PDP) guber candidate, Mohammed Isa Ashiru, challenging the election victory of Kaduna State Governor, Senator Uba Sani.
INEC and the All Progressives Congress (APC) asked the apex court to uphold the election of the governor as upheld by the courts below.
THE WHISTLER recalls that the Court of Appeal sitting in Abuja had dismissed the PDP candidate’s case, saying he presented witnesses who gave “hearsay” and “ridiculous” evidence before the Kaduna State Governorship Election Petition Tribunal.
INEC had declared that Sani polled a total of 730,002 votes to win the March 18 election in the state while Ashiru scored 719,196 votes.
But Ashiru and the PDP approached the Kaduna State Election Petition Tribunal and the appellate court, alleging INEC allowed irregularities and electoral fraud in favour of the governor.
Ashiru asked the courts below to declare him the winner of the guber poll having allegedly scored the majority of lawful votes cast, while ordering a fresh election in areas where polls were canceled.
However, the governor’s lead counsel, Chief Bayo Ojo, SAN, had said the petitioners failed to prove their claims during proceedings in the case.
In its judgment on September 28, the Tribunal upheld the preliminary objection filed by Sani’s legal team against Ashiru’s petition, to the effect that the application (for pre- hearing notice) filed by the PDP candidate was done prematurely and abandoned.
In its judgment, the appeal court held that the Tribunal was right to declare that the PDP’s case “was abandoned.”
Moreso, the appeal court agreed with the Tribunal that the PDP failed to front load the list of some of its witnesses along with its petition, in contravention of the Electoral Act.
At the Supreme Court proceedings on Thursday, K. Mosiah SAN, counsel for appellants, adopted his brief and urged the apex court to allow his appeal, set aside the judgements of the lower courts and declare his case meritorious.
The governor’s lawyer Mr. Ojo and
APC’s counsel,Mohammed Sani Katu, equally aligned with the submissions of the INEC’s legal team in calling for the dismissal of the PDP candidate’s case.
After hearing the parties, Justice Kudirat Kekere-Eku reserved judgment to a later date.
The case would elapse on January 22.
