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Kebbi State governor Saidu Dakingari has filed an appeal before the Court of Appeal in Sokoto, asking it to set aside the judgment of the Election Petitions Tribunal sitting in Birnin Kebbi, Kebbi State, and affirm his return as duly elected governor.
The Congress for Progressive Change (CPC) and its governorship candidate, Malam Abubakar Abubakar, had filed a petition to challenge the election of Dakingari, alleging that the election was marred by certain irregularities.
In its judgment on the matter on November 13, 2011, the tribunal nullified the election of Dakingari on the grounds that the Independent National Electoral Commission (INEC) did not produce verification of electoral materials in the prescribed form and ordered INEC to conduct a fresh election within 90 days.
But Dakingari had in the notice Appeal dated November 21, 2011, urged the appellate court to set aside all the declaratory reliefs and orders made in favour of the petitioners and dismiss the petition in its entirety.
Lead lawyer to Dakingari, Mallam Yusuf Ali (SAN), had led four other SANs, Damien Dodo, Chief Amaechi Nwaihu, Mr. Afolabi Fashanu and Mr. Yakubu Maikyau together with 12 other lawyers to prepare the notice of appeal.
Copies of the court process was made available to LEADERSHIP yesterday.
Dakingari had anchored his appeal on 11 grounds he faulted the whole decision of the tribunal, particularly its findings on alleged failure of INEC to produce evidence of distribution of sensitive and other electoral materials.
The governor is also asking the appellate court to hold that the tribunal erred in law when it proceeded to grant the declaratory reliefs sought by the petitioners when there was no modicum of credible, cogent or legally admissible evidence before the tribunal to entitle the petitioners to the reliefs.
According to the governor, declaratory reliefs are granted upon credible, cogent and legally admissible evidence adduced by the claimant.
He is further asking the appellate court to hold that the tribunal erred in law when it held that the handwritten document s of INEC tendered by it to show how ballot papers and ballot boxes were distributed in Kebbi State for the governorship poll lacked evidential value and unknown to law.
He added that the decision of the tribunal was a travesty of justice.
No date has been fixed for the hearing of the appeal.
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