Kaduna Governorship Tussel: Uba Sani asks Tribunal to dismiss PDP’s petition
Kaduna State Governor, Uba Sani, has told the Governorship Election Tribunal in Kaduna that Supreme Court precedents favoured him against PDP ‘s candidate and asked the Tribunal to dismiss the petition, brought by the candidate of the Peoples Democratic Party in the 18 March poll, Mohammed Ashiru Isa, against his victory.
In a motion for dismissal tabled before the three-man panel headed by Justice Victor Oviawie, by lead counsel to the governor, Chief Bayo Ojo, SAN, it was argued that the petition, having suffered incurable procedural error, is deemed abandoned by laws guiding petition adjudication.
According to Ojo, a former Attorney General of the Federation and Minister of Justice,who cited several legal authorities in his written address, especially decided cases of the Supreme Court and the Court of Appeal, the petitioners had procedurally defaulted.
“In Maku v Sule, the Supreme Court held that petitioner cannot file pre-hearing notice, either prematurely or out of time.
Where this happens, the apex court’s position is that the entire petition should be dismissed.”.
“In a long line of cases, it has been stated, restated and reiterated what the consequence of not applying for the issuance of Form TF007 would portend and that is the dismissal of the petition” the court had ruled.”
“All courts, including election tribunals are bound by decisions of the apex court.
Peoples Democratic Party and its candidate, have kicked against the motion for the dismissal of their petition, claiming that they applied for pre-trial on 26th May, 2023 and not 16th May, 2023.”
They insisted that a competent application for the issuance of pre-hearing notice, was made.
The response, taken out on behalf of the petitioners by S.K Musa, SAN, said the application for dismissal, “proceeds from an erroneous assumption that the application for pre-hearing of 16th May, 2023, is the only application made by the petitioners, without considering that there was a subsequent application made at the close of proceedings.”
Relying on the established precedents, Chief Ojo however, drew the attention of the Tribunal to the petitioners’ defence, as an attempt to correct the anomaly in their filings, which according to him, also failed to regularise the defective procedure they adopted.
In the further and better affidavit, the governor’s legal team leader said, “The application dated 26th May 2023 being an attempt by the petitioners to re-open pleadings is still invalid, as there was no application or an attempt to withdraw the application dated 16 May, 2023.
“Whichever way, there is no competent application for the issuance of pre-hearing information sheet, placed validly before this Tribunal.
“The petitioners are under an obligation to apply for the issuance of pre-hearing information sheet within seven days after the 30th day of May, 2023.
“We submit from the judicial authorities related thereto that the sole meaning that is derivable from the provision of paragraph 18 of the First Schedule to the Electoral Act, 2022 is that the application for the issuance of the pre-hearing notice can only be made upon the close of pleadings and not earlier or before.”
The ex-AGF also cited the decision of the Court of Appeal in Stephen v Moro, where the court held through Justice Jummai Hannah Sankey that, “From the onset it must be clarified that the law is now well settled that any application for a pre-hearing session made in the Forms TF007/TF008 before pleadings had closed and when the last respondent’s reply is yet to be served on the parties; or when the appellant’s reply to the last respondent’s reply is yet to be served, is premature and renders the petition abandoned.”
Governor Sani is seeking the order of the Tribunal to dismiss the petition for being abandoned on the premise that the application for pre-hearing notice, was made and served prematurely.
The governor, who is a co-respondent in the matter, alongside the Independent National Electoral Commission and his ruling All Progressives Congress, is also asking for an order of the Tribunal, dismissing the petition on the premise that the time for the petitioners, to bring an application for pre-hearing notice has elapsed.
Also cited by the governor’s legal team is the decided case of Labour Party v Yahaya Bello, where the consequences of faulty procedure was also reinforced.
The superior court had held, “In effect, an appellant must wait for the time frame or period of time allocated to parties to file replies before the appellant can take out Form TF007, within seven days of the service of the respondent’s reply filed within time permitted under paragraph 12 (1) of the 1st schedule, on the appellant . Paragraph 16 (1) applies mutatis mutandis to each and every other respondent to this petition, and it will be a breach of section 36 (1) of the 1999 Constitution of Nigeria as amended”.
