Uba Sani asks Tribunal to dismiss PDP’s petition challenging his election victory

Kaduna State governor, Uba Sani is asking the Governorship Election Tribunal to dismiss the petition, brought by the candidate of the People’s Democratic Party (PDP), Mohammed Isa Ashiru in the 18 March governorship poll.

In a motion for dismissal tabled before the three-man panel headed by Justice Victor Oviawie, by lead counsel to the governor, Chief Bayo Ojo, SAN, it was argued that the petition, having suffered incurable procedural error, is deemed abandoned by laws guiding petition adjudication.

Ojo, a former Attorney General of the Federation and Minister of Justice, cited several legal authorities in his written address, especially decided cases of the Supreme Court and the Court of Appeal, to show the petitioners had procedurally defaulted.

In Maku v Sule, the Supreme Court held that petitioner cannot file pre-hearing notice, either prematurely or out of time.
Where this happens, the apex court’s position is that the entire petition should be dismissed.

“In a long line of cases, it has been stated, restated and reiterated what the consequence of not applying for the issuance of Form TF007 would portend and that is the dismissal of the petition” the court had ruled.

“All courts, including election tribunals are bound by decisions of the apex court, he argued.

People’s Democratic Party and its candidate, have kicked against the motion for the dismissal of their petition, claiming that they applied for pre-trial on 26th May, 2023 and not 16th May, 2023.

They insisted that a competent application for the issuance of pre-hearing notice, was made.

The response, taken out on behalf of the petitioners by S.K Musa, SAN, said the application for dismissal, “proceeds from an erroneous assumption that the application for pre-hearing of 16th May, 2023, is the only application made by the petitioners, without considering that there was a subsequent application made at the close of proceedings.”

Relying on the established precedents, Chief Ojo however, drew the attention of the Tribunal to the petitioners’ defence, as an attempt to correct the anomaly in their filings, which according to him, also failed to regularise the defective procedure they adopted.

In the further and better affidavit, the governor’s legal team leader said, “The application dated 26th May 2023 being an attempt by the petitioners to re-open pleadings is still invalid, as there was no application or an attempt to withdraw the application dated 16 May, 2023.

“Whichever way, there is no competent application for the issuance of pre-hearing information sheet, placed validly before this Tribunal.

“The petitioners are under an obligation to apply for the issuance of pre-hearing information sheet within seven days after the 30th day of May, 2023.