Kaduna State Governor, Uba Sani, has asked the Court of Appeal to reverse the alternative ruling of the Kaduna Governorship Tribunal, ordering supplementary election in the state.
Despite emerging victorious in the main ruling of the tribunal delivered on September 28, the governor is contesting the alternative ruling, which created a path for the Peoples Democratic Party (PDP) governorship candidate, Ashiru Isa, to claim victory.
The cross-appeal by the victor, is taken out on his behalf by his legal team, headed by former attorney general of the federation and minister of justice, Chief Bayo Ojo, SAN.
The tribunal threw the political space into a spin when it, in a double majority decision, dismissed Isa’s petition for fatal non-compliance with the regulating laws, before proceeding to give an alternative ruling, favoring the petitioners.
The dismissal of the petition gave substantive victory to the governor.
Isa Ashiru and PDP are also before the Court of Appeal, challenging the dismissal of their petition.
The governor, in his cross-appeal against the alternative ruling, listed 14 grounds of error committed by the tribunal in arriving at its second conclusion.
“The five reliefs he is seeking from the intermediate court, include; an order setting aside the majority decision of the Kaduna State Governorship Election Petition ordering supplementary election in 22 polling units or any unit whatsoever delivered on Thursday, 28th of September, 2023, by Hon. Justices K.D Damulak and Victoria T. Nwoye.
“An order dismissing the alternative reliefs of the petition for supplementary election in any polling unit in Kaduna State, which were granted by the tribunal.
“An order striking out the 1st and 2nd cross respondents’ (PDP and Isa) petition for being statute barred.
“An order striking out the 1st and 2nd cross respondents’ petition for non-compliance with the Electoral Act, 2022.”
The PDP governorship candidate, Ashiru, is also seeking an order of the higher court to invalidate Governor Sani’s victory at the polls.
