Kaduna Guber: Appeal Court dismisses Ashiru’s case against Uba Sani

The Court of Appeal sitting in Abuja has dismissed an appeal brought before it by the governorship candidate of the Peoples Democratic Party (PDP), Isah Mohammed Ashiru, challenging the election of the Kaduna State governor, Uba Sani of the All Progressives Congress (APC).

The Court in a judgement delivered on Friday, declared the March 18 governorship election in Kaduna state as conclusive and affirmed Uba Sani as the lawful winner of the election.

The Appellate Court in the judgment, reversed the declaration of the Kaduna State Governorship Petition Tribunal in its judgment of September 28, that the election was inconclusive.

Justice Obietonbara Owupele Daniel-Kalio who delivered the judgment of the three-member justices of the Court on the main and the cross appeals, also reversed the order of the Tribunal on the Independent National Electoral Commission (INEC) to conduct supplementary elections in 22 polling units in four Local Government Areas of the state.

In the main appeal, Justice Daniel-Kalio resolved all the five formulated issues against the Peoples Democratic Party (PDP) and its governorship candidate in the 2023 election, Mohammed Isah Ashiru.

The five issues bothered on alleged malpractices, over voting, manipulation of election results and ballot box stuffing made by PDP and its Governorship candidate.

It held that the Kaduna State Governorship election was conducted in full compliance with the Electoral Act, adding that it had no reason to interfere with the evaluation of the evidence by the lower court.

The appellate court then held that the appeal by the PDP and its governorship candidate is bereft of merit and accordingly dismissed it.

In the cross appeal filed by the All Progressives Congress (APC) and Uba Sani, which challenged the declaration of the election inconclusive and the order for a supplementary election in 22 polling units of four Local Government Areas of the state, the appellate Court resolved the three issues formulated in favour of the party and its candidate and vacated the declaration of the Tribunal.

The Court held that evidence relied upon by the Tribunal to declare the election inconclusive were manifestly bad, unreliable and ought not to have given any probative value.

The three-member panel of Justices of the Court headed by Justice Obietonbara Owupele Daniel-Kalio and supported by JusticesJames Gambo Abundaga and Mohamed Baba Idris held that the cross appeals have merit and are allowed.

It would be recalled that the Kaduna State Governorship Election Petition Tribunal sitting in Kaduna had, in a judgement delivered on September 28 declared the Kaduna governorship election inconclusive.

In a split decision of a ratio of 2:1, the three-member panel of Justices of tribunal panel led by Justice Victor Oviawe declared that the election was inconclusive and thus directed that a supplementary election should be held by INEC in 22 polling units of four Local Government Areas of Kaduna state within 90 days.

Dissatisfied with the decision of the Tribunal, the PDP and its governorship candidate headed to the Court of Appeal, where they based their arguments on the grounds of alleged irregularities and electoral fraud, deposing that its candidate, Isa Mohammed Ashiru, won the election.

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