The appellate court on Thursday dismissed Ashiru and PDP’s appeal against the refusal of the State Governorship Petition Tribunal to order a recount of votes.
The tribunal had struck out Ashiru’s petition seeking for a recount of votes cast during the last election in the state for lack of merit.
Ruling on the motion on May 29, Chairman of the tribunal, Justice Ibrahim Bako had held that the tribunal has a time frame of only 180 days to complete its assignment.
Justice Bako also refused the application for amendment of the motion, seeking to narrow the votes recount to only 12 local government areas of Kaduna state.
Dissatisfied with the ruling, PDP and Ashiru appealed the ruling at the Court of Appeal.
However, Justice Hussaini Muktar, in his judgment affirmed the orders of the tribunal and consequently refused to order for a recount of votes.
Justice Muktar held that counting of votes and making it an exhibit in court was part of a trial, which is capable of disposing off the main claim in the matter.
He stated that the Supreme Court frowned at that which allows a matter to be disposed off at a pre-trial conference.
