INEC, APC Urge Supreme Court to Dismiss PDP’s Appeal in Kaduna Governorship Election

The Independent National Electoral Commission (INEC) and the All Progressives Congress (APC) have urged the Supreme Court to disregard the appeal brought before it by the Peoples Democratic Party (PDP) and its governorship candidate, Mohammed Ashiru Isa.

Both INEC and APC, in separate preliminary objections, asserted that the appeal by the PDP and Isa lacks competence and should not be considered for adjudication.

During Thursday’s proceedings, the respondents highlighted the findings of the Kaduna State Governorship Election Petitions Tribunal and the Court of Appeal, which stated that the petition was not filed in accordance with the provisions of the Electoral Act, 2022.

Among their objections, INEC and the APC emphasized that the petitioners violated Paragraph 18(1) of the First Schedule to the Electoral Act, 2022, by prematurely applying to the tribunal for a pre-hearing notice, which should have been filed seven days after the close of pleadings by the parties.

They argued that adherence to due process is essential in initiating a case, asserting that the appeal should be either struck out or dismissed entirely.

Represented by Abdullahi Aliyu, SAN, and Mohammed Sani Katu, SAN, respectively, INEC and APC made their case before the Supreme Court.

In the main appeal, Governor Uba Sani, represented by Chief Bayo Ojo, SAN, called for the dismissal of the PDP’s appeal on grounds of lack of merit and substance.

Ojo, a former Attorney General of the Federation (AGF) and Minister of Justice, argued that the PDP’s case failed to establish their allegations and that most of their witness statements were invalid.

Ojo further stated that the witnesses brought by the appellants provided hearsay evidence against the March 18, 2023 election of Governor Uba Sani.

He urged the apex court to uphold the concurrent findings of the Court of Appeal and the Tribunal, which had earlier upheld the election of his client.

After hearing arguments from both sides, Justice Kudirat Kekere-Ekun, leading a panel of five Justices, announced that judgment has been reserved and will be communicated to the parties at a later date.

It is noteworthy that the Court of Appeal in Abuja, in a unanimous judgment on November 24 last year, affirmed the election of Uba Sani as the Governor of Kaduna State.

The PDP and Ashiru had contested the election outcome, alleging irregularities and non-compliance with electoral laws.

However, their petition was dismissed by two of the three Tribunal judges on the grounds of technicalities, as they failed to file their pre-hearing application within the prescribed time.