Governor Uba Sani of Kaduna state firmly held his position at the Kaduna Gubernatorial Election Petition Tribunal amidst the petition brought against his election by the Peoples Democratic Party (PDP) and its Kaduna gubernatorial candidate, Hon. Isah Ashiru.
Addressing the tribunal on Friday, the governor’s counsel, Chief Duro Adeyele (SAN), reaffirmed their position that the petitioners had abandoned their case due to the premature service of their application for pre-hearing notice.
He said they had no reason for calling any witnesses to give testimony. “The second respondent has 30 witnesses available and willing to testify, but we see no need to do so. We have made our decision and respectfully rested our case,” he said.
On July 31, the chairman of the three-man panel, Justice Victor Oviawie, announced that the tribunal’s decision on the application made by the second respondent to dismiss the petition against Governor Uba Sani would be communicated to all parties involved at a later date.
During the previous argument, the governor’s legal team, led by a former Attorney General of the Federation and Minister of Justice, Chief Bayo Ojo (SAN), contended that the petition had been rendered abandoned due to incurable procedural errors, in accordance with the laws guiding petition adjudication.
Chief Ojo referred to the July 18, 2023 judgement of the Court of Appeal regarding the case of the All Progressives Congress (APC) against the Enugu state governor, Peter Mbah.
Chief Ojo noted that the petition was dismissed at the preliminary stage due to a crucial procedural error made by the petitioners in their application for the pre-hearing notice.
He stated that based on the recent pronouncement by the Court of Appeal, the principle of stare decisis (a Latin term meaning “let the decision stand”) or “to stand by things decided” makes it compelling for lower courts to line behind decisions of superior courts.
Following the conclusion of the second respondent’s case, the All Progressives Congress (APC), as the third respondent, began presenting its defence. As part of its defense, APC submitted six documents as exhibits to support Governor Sani’s election victory.
The documents consisted of certified true copies of the INEC results in Kaduna South, Kubau, and Lere local government areas.
The documents were not opposed by any of the counsels except those representing the petitioners. After the documents were admitted, APC counsel informed the Tribunal that they had closed their case.
After all parties closed their cases, Justice Victor O Oviawe adjourned the proceedings until September fourth for the adoption of final written addresses.
