Kaduna State Governor Uba Sani has urged the Governorship Election Tribunal in Kaduna to dismiss a petition filed by the candidate of the Peoples Democratic Party (PDP), Mohammed Isa Ashiru, regarding the March 18 election. The governor’s lead counsel, Chief Bayo Ojo, SAN, argued for dismissal citing an “incurable procedural error,” which he claimed rendered the petition abandoned under the laws governing petition adjudication.
Citing various legal precedents, including judgments of the Supreme Court and the Court of Appeal, Chief Ojo alleged non-compliance with procedural norms by the petitioners. Specifically, he pointed to a failure to apply for the issuance of Form TF007, a misstep he claimed should lead to the dismissal of the petition.
In response, the PDP and its candidate countered the dismissal request, insisting that a valid application for pre-trial had been made on May 26, 2023, not May 16, 2023. In defense of the petitioners, S.K Musa, SAN, contended that the dismissal application incorrectly assumes only one pre-hearing application was made, disregarding a subsequent application made after proceedings concluded.
Chief Ojo maintained that the defense is an attempt to amend the deficiencies in the petitioners’ filings and does not correct the initial procedural error. He also claimed that the subsequent application made on May 26, 2023, remained invalid, as there was no attempt to withdraw the initial application dated May 16, 2023. He argued there is no valid application for the issuance of a pre-hearing information sheet before the tribunal.
