BABA NEGEDU 
The two main political parties, the ruling All Progressives Congress (APC) and the opposition Peoples Democratic Party (PDP) are claiming victory, following the judgment of the governorship Election Petition Tribunal in Kaduna State yesterday.
The Tribunal had dismissed the pre-hearing notice of the 1st and 2nd petitioners, Isa Ashiru and the PDP over what it called “abandonment”. In the same judgement, in the substantive case, the tribunal ordered the Independent National Electoral Commission (INEC) to conduct a re- run in 22 polling units in seven wards across four local government areas of the state, after saying that the election in those areas did not meet the dictates of the Electoral Act 2022.
In their separate reactions, Kaduna State Governor and APC candidate, Uba Sani, said he welcomed the judgment of the Tribunal “which upheld his election in the March 18, 2023 Gubernatorial Elections”. He described the verdict as a win for democracy, the rule of law, validation of the people’s will and above all, God’s decree.
“On this historic day, I join the people of Kaduna State to celebrate this monumental victory for democracy,” the governor stated. On his part, Isa Ashiru of the PDP said: “The Tribunal has nullified Uba Sani’s election, adding that given the ruling it has become necessary to share with his supporters the true position of the ruling.”
Ashiru said: “On the preliminary objection, the tribunal, based on the majority of 2:1 judges upheld the preliminary objection of the respondent to the effect that the application for pre-hearing was done prematurely i.e. before the service of the last set of petitioners’ reply to the 2nd respondent’s reply to the petition was served.
“However, the law enjoins the tribunal, as a trial court, to proceed to pronounce on the merit of the substantive suit so that in the event the court of appeal finds that the trial tribunal was wrong in its decision on the preliminary objection, it would have the benefit of pronouncing on the decision of the tribunal in the substantive matter.
“Accordingly, the trial tribunal finds merit in the aspect of the petitioner’s case relative to the margin of win between the two leading candidates. The tribunal by a split decision of 2:1 accordingly, nullified the election of the governor of Kaduna State, ordered that the Certificate of Return be retrieved and fresh elections be conducted in some polling units in four LGAs and the outcome thereof be reckoned with before the declaration of the winner of the governorship election in the state,” he said.
