Candidate of the Peoples Democratic Party (PDP) Isah Ashiru has appealed to his supporters to be calm and law abiding, saying that he would appeal the judgment of the tribunal affirmed the election of Uba Sani as governor of Kaduna state would be appealed.
The three man tribunal headed by Justice Victor Oviawie on Thursday dismissed Ashiru’s petition on the grounds that the pre-hearing notice was filed out of time and therefore deemed to be abandoned. However, in a statement on Thursday after the judgement, Ashiru, said he would pursue the mandate given to him by the people to its logical conclusion.
He said, “Given the ruling of the Kaduna state election tribunal, it has become necessary to share with our teaming supporters, the true position of the ruling.
“On the preliminary objection, the tribunal, based on the majority of 2:1 judges upheld the preliminary objection of the respondent to the effect that the application for pre-hearing was done prematurely i.e. before the service of the last set of petitioners’ reply to the 2nd respondent’s reply to the petition was served.
“However, the law enjoins the tribunal, as a trial court, to proceed to pronounce on the merit of the substantive suit so that in the event the court of appeal finds that the trial tribunal was wrong in its decision on the preliminary objection, it would have the benefit of pronouncing on the decision of the tribunal in the substantive matter.
“Accordingly, the trial tribunal finds merit in the aspect of the petitioner’s case relative to the margin of win between the two leading candidates”.
Ashiru said further that, “The tribunal by a split decision of 2:1 accordingly, nullified the election of the governor of Kaduna state, ordered that the Certificate of Return be retrieved and fresh elections be conducted in some polling units in 4 LGAs and the outcome thereof be reckoned with before the declaration of the winner of the governorship election in Kaduna state.
“I want to again thank the people of the state while urging them all to remain law abiding while we pursue the appeal process.”
Ashiru to appeal tribunal judgment affirming Sani’s election
