BREAKING: PDP’s ‘Ridiculous Evidence’ Dismissed As Appeal Court Affirms Uba Sani Kaduna Gov

The Court of Appeal sitting in Abuja has dismissed the appeal filed by the Peoples Democratic Party (PDP) guber candidate, Mohammed Isa Ashiru, against the election victory of Kaduna State Governor, Senator Uba Sani.

The appeal court on Friday held that the PDP candidate presented witnesses who gave “hearsay” and “ridiculous” evidence before the Tribunal.

The Independent National Electoral Commission (INEC) had declared that Sani polled a total of 730,002 votes to win the March 18 election in the state while Ashiru scored 719,196 votes.

But Ashiru and the PDP approached the Kaduna State Election Petition Tribunal, accusing INEC of allowing irregularities and electoral fraud in favour of the governor.

According to Ashiru, the election was marred by non-compliance with the Electoral Act, adding that the governor did not score the majority of lawful votes cast.

Ashiru had asked the Tribunal to determine that he was the winner of the guber poll having scored the majority of lawful votes cast. He also asked the Tribunal to order a fresh election in areas where polls were canceled.

However, the governor’s lead counsel, Chief Bayo Ojo, SAN, had said the petitioners failed to prove their claims during proceedings in the case.

In its judgment on September 28, the Tribunal upheld the preliminary objection filed by Sani’s legal team against Ashiru’s petition, to the effect that the application (for pre- hearing notice) filed by the PDP candidate was done prematurely and abandoned.

The Tribunal immediately dismissed PDP’s petition following the preliminary objection of the governor and the APC.

However, it looked into the merit of the case as it pertains to the margin of win between the two leading candidates.

The tribunal, by a split decision of 2:1, subsequently nullified Sani’s Election, declaring that the guber poll was inconclusive.

The Tribunal subsequently ordered that the Certificate of Return given to the governor by INEC be retrieved and fresh elections be conducted in some polling units in 4 LGAs and the actual winner declared.

Dissatisfied, the parties approached the Appeal Court for redress.

In its judgment on Friday, the three-man panel of the appeal court held that the Tribunal was right to declare that the PDP’s case “was abandoned.”

The appeal court observed that Ashiru’s legal team failed to comply with the First Schedule of the Electoral Act 2022 which mandates lawyers to file (pre-hearing) applications for issuance of pre hearing notices within the time prescribed by law.

Moreso, the appeal court agreed with the Tribunal that the PDP failed to front load the list of some of its witnesses along with its petition, in contravention of the Electoral Act.

The appeal court also held that the testimony and evidence of the PDP statisticians or collation agent regarding alleged corrupt practices, were not true, “a third-party evidence and based on hearsay” because they were not at the polling units in dispute as eyewitnesses.

“The role of evidence is to lay facts and not draw conclusions,” the appeal court held, saying the Tribunal was right to expunge the petitioner’s expert witness statement on oath and evidence regarding “ballot stuffing”.

The appeal court also held the PDP expert witness’s statements were not authoritative but “border on the ridiculous.”

On whether the Tribunal correctly looked at the evidence adduced by the petitioners before passing its judgment, the appeal court held that “evaluation of evidence is the primary function of the Tribunal.”

The appeal court further maintained that it is only allowed to evaluate the findings of the Tribunal if it is “perverse” and based on wrong and exaggerated assessment.

“I have considered the evidence, and I cannot see how the Tribunal has failed to evaluate the evidence or where the evaluation was perverse,” the appeal court held, saying the issue is resolved against the appellant (PDP).

“The appeal lacks merit and accordingly dismissed,” the appeal court held, resolving all issues against the PDP and its candidate.