Tribunal upholds Kaduna Gov. Uba Sani’s victory

The Kaduna State Governorship Election Petition Tribunal on Thursday upheld the election of Governor Uba Sani of the All Progressives Congress (APC) in a judgement delivered via Zoom and lasted five and half hours.

The three-member panel led by Justice Victor Oviawie, in a split decision of 2:1, dismissed the petition filed by the Peoples Democratic Party (PDP) governorship candidate, Isah Mohammed Ashiru.

In the lead judgement, Justice Victor Oviawie said the preliminary notice was filed outside the time prescribed by the constitution from the day when the result of the election was declared, adding that the petition was deemed to be abandoned. His ruling was also seconded by Justice N. Nonye, while Justice K. Damlat disagreed with the ruling, noting that the preliminary notice was properly filed and not abandoned.

However, in compliance with the Supreme Court standing order, the tribunal delved into the substantive matter to look at the merit of the petition.

The tribunal in the lead 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.

It held that the number of registered voters in the four local governments was more than the 10,806 votes margin with which Sani defeated Ashiru, thus the election was inconclusive.

However, in a dissenting judgement, Justice Oviawie said 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, Sanusi Musa, said they were happy with the judgment and had no course to file any appeal as the judgment was in their favour.

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

According to him, “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 is more than the margin between the winner and the runners up.”