Gov. Uba Sani on Monday prayed the Kaduna Governorship Election Petition Tribunal to dismiss the petition filed by of the Peoples Democratic Party (PDP) and its candidate Mohammed Ashiru-Isa.
The PDP and it’s candidate are challenging the victory of Sani in the March 18 governorship election.
The governor’s legal team led by Chief Bayo Ojo, SAN in an application filed July 23 moved the motion to end proceedings in the petition based on the latest pronouncement of the Court of Appeal.
Ojo made reference to the July 18, 2023 judgment of the Court of Appeal in the case of the All Progressives Congress, against Gov. Peter Mbah of Enugu State.
He said the petition was knocked off at the preliminary stage due to a fatal error by the petitioners, in applying for the crucial pre-hearing notice.
The governor’s counsel urged the Justice Victor Oviawie-led Tribunal to revisit his earlier motion during the pre-hearing stage, that Isa and PDP had abandoned their petition and same, be dismissed.
Another pre-hearing motion from the governor also called for the dismissal of the petition for being filed out of time.
He cited several legal authorities especially decided cases of the Court of Appeal, to show the petitioners had procedurally defaulted.
“Your Lordship don’t have to wait till the end of the tribunal, Lordships are bound to follow appeal court; there is no petition before your Lordship again.
“Sitting here, listening to witnesses is a waste of time. Your Lordship should take cognisance of all judgement and follow what the court of appeal has said”, he said.
While responding, counsel to the petitioners, Oluwole Iyamu, SAN, urged the tribunal to dismiss the respondents’ application.
He stated that the law as expounded by the Supreme court is that the ruling on the application should be deferred till the end of the tribunal’s term.
”We submit that even in the light of court of the appellate court’s decision, a Supreme court has also been discovered”, he said.
Iyamu moved a motion that the petitioners’ be allowed to present additional 15 witnesses apart from the 25 stated during the pre hearing.
The respondents’ however, objected the motion saying it was an abuse of proceedings as the petitioners’ ought to list the total number of witnesses they intended to present in their earlier application.
Justice Oviawe said that the ruling of the respondents application to dismiss the petition would be delivered on a day to be communicated to all parties in the petition.
He added that ruling of the objection raised by the respondents’ on the petitioners’ application to present additional witnesses had been deferred.
“If the details given by the witnesses are found to be invalid, it will be expunged from the records”, he said.