The counsel for the All Progressives Congress (APC) in Kaduna State, Sanusi Musa (SAN), has said that the Peoples Democratic Party (PDP) cannot win if rerun is held in the 22 polling units where the tribunal ordered a rerun.
The tribunal, led by Justice Victor Oviawie, in its verdict on Thursday, dismissed the petition of the PDP and its candidate, Isa Mohammed Ashiru on technical grounds, while noting that the petition would have been successful but for the procedural breach the petitioner committed.
The lead judgement supported by Justices K. Damlat and N. Nonye said the petitioner was able to prove beyond doubt that the election was invalid in 22 polling units across four local government areas.
It held that the number of registered voters in the four local governments was more than the 10,806 votes margin with which Sani defeated Ashiru, thus the election was inconclusive.
However, in a dissenting judgement, Justice Oviawie said that the allegations that the elections were invalid in those 22 polling units within four local governments were not proved beyond doubt.
In an interview on Channels TV, Musa said the PDP had abandoned its petition and that the tribunal’s decision to dismiss the petition was in order.
He explained that the margin of victory was over 10,000 votes and that the total number of registered voters in the 22 polling units is over 16,000 votes.
He said, “As a lawyer, I have done my job and we succeeded in presenting the case of respondent and we believe if they go on appeal the decision of the tribunal is going to be affirmed that the petition has been abandoned, the dismissal order will be affirmed.
“And we believe if they go to Court of Appeal, it will reverse that order for election to be conducted in those polling units because you need to read the judgement of the chairman of the tribunal.
“You should also remember that this happened in the case of Fintiri (Adamawa State governor). Even if elections were to be conducted in those polling units it is practically impossible for PDP to win the election.
“You are talking of the margin of 10,000 and the polling units where the judgement said election should be conducted is 16,000, so by common sense it is practically impossible for the PDP to get 10,000 votes to be able to neutralize margin and be able to get additional votes to win the election.”