Kaduna State Governor, Uba Sani, has requested the Governorship Election Tribunal in Kaduna to dismiss the petition filed against him by the candidate of the Peoples Democratic Party (PDP), Mohammed Isa Ashiru, regarding the March 18 election.
The governor’s lead counsel, Chief Bayo Ojo, SAN, argued for the dismissal of the petition based on “an incurable procedural error,” which he claimed rendered it abandoned under the laws governing petition adjudication.
He supported his argument with various legal authorities, including previous judgments of the Supreme Court and the Court of Appeal, to demonstrate the petitioners’ procedural non compliance.
Chief Bayo Ojo stated, “In the case of Maku v Sule, the Supreme Court ruled that a petitioner cannot file a pre-hearing notice prematurely or out of time. If this occurs, the entire petition should be dismissed according to the apex court’s position. It has been consistently emphasized in numerous cases that the failure to apply for the issuance of Form TF007 would result in the dismissal of the petition.”
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He further emphasized that all courts, including election tribunals, are bound by the decisions of the Supreme Court.
The Peoples Democratic Party and its candidate opposed the motion for dismissal, claiming that they had applied for pre-trial on 26th May 2023, not 16th May 2023. They insisted that a valid application for the issuance of a pre-hearing notice had been made.
The response filed on behalf of the petitioners by S.K Musa, SAN, argued that the application for dismissal is based on the incorrect assumption that the application for pre-hearing on 16th May 2023 is the only application made by the petitioners, without considering the subsequent application made at the close of proceedings.
While acknowledging the established precedents, Chief Ojo highlighted that the petitioners’ defence was an attempt to rectify the deficiencies in their filings, which also failed to correct the flawed procedure they adopted.
In their further and better affidavit, the governor’s legal team leader said the application dated 26th May 2023, which is an attempt by the petitioners to reopen pleadings, remained invalid as there was no application or attempt to withdraw the application dated 16th May 2023.
