The Independent National Electoral Commission (INEC) and the All Progressives Congress (APC) have jointly submitted preliminary objections to the Supreme Court, urging it to dismiss the appeal brought by the Peoples Democratic Party (PDP) and its governorship candidate, Mohammed Ashiru Isa, in connection with the Kaduna State governorship election.
Both INEC and APC asserted that the appeal is incompetent and lacks merit, highlighting that the petitioners failed to adhere to the provisions of the Electoral Act, 2022. They emphasized the findings of the Kaduna State Governorship Election Petitions Tribunal and the Court of Appeal, which concluded that the petition was not filed in accordance with the law.
INEC and APC argued that the petitioners violated Paragraph 18(1) of the First Schedule to the Electoral Act, 2022, by prematurely applying for the issuance of a pre-hearing notice, a move that should have occurred seven days after the close of pleadings by the parties.
The respondents requested the Supreme Court to disregard the appeal, contending that it should either be struck out or dismissed entirely.
In the main appeal, Governor Uba Sani, represented by Chief Bayo Ojo, SAN, urged the apex court to dismiss the appeal on the grounds of lack of merit. Ojo argued that the case put forth by the PDP and its governorship candidate failed to substantiate their allegations, and many witness statements were invalid as they were not filed alongside the petition.
Former Attorney General of the Federation and Minister of Justice, Ojo, requested the court to uphold the concurrent findings of the Court of Appeal and the Tribunal, which previously affirmed the election of Governor Uba Sani.
The Supreme Court, led by Justice Kudirat Kekere-Ekun, has reserved judgment, and the date for the pronouncement will be communicated to the parties involved. The Court of Appeal had earlier, on November 24, 2023, unanimously affirmed Uba Sani’s election as the Governor of Kaduna State, prompting the PDP and Ashiru to challenge the outcome.
