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Confusion Over Judgment Of Kaduna Election Petition Tribunal -Judges Gave Me Victory, APC’s Uba Sani -Court Ordered Rerun, PDP’s Isah Ashiru

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There is a seeming confusion over the judgment of the Kaduna State Election Petition Tribunal, which gave judgment on  the matter brought before it by the Peoples Democratic Party (PDP) against the ruling All Progressives Congress (APC).

While Governor Uba Sani of the state has expressed delight with his “victory at the state Election Petition Tribunal,” the governorship candidate of the PDP in the state, Isah Ashiru, said that the court ordered a re-run.

The Governor said in a statement, which he personally signed that “the judgement is an unequivocal affirmation of the popular mandate graciously given to me by the good people of Kaduna State.

“I commend the Tribunal for their thoroughness and lucidity. They have enriched our jurisprudence and practice of electoral democracy.

“I also commend my dear brother, Hon. Isah Ashiru Kudan for approaching the Tribunal to ventilate his grievances. This is a clear demonstration of his belief in the principles of democracy and the imperative of civility in the conduct of political actors.”

He then called on “Hon. Isah Ashiru and members of the opposition parties in Kaduna State to join hands with us as we strive to move our dear state to a higher level. We are all stakeholders in PROJECT KADUNA.

“It is not about personal glory. Our people want all hands to be on deck to address the myriad challenges confronting the state. If political actors are united, a clear signal will be sent to our people that the quest for peace, security, progress and development of our state are the driving forces of our participation in politics.”

But a twist was introduced into the matter, when Isah Ashiru released a statement, where he said that the court withdrew Sani’s certificate of return and ordered a re-run in some local governments.

He said in that statement, which he personally signed that “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.”

He added that 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.

“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,” he said.

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