Fireworks are expected today at the Kaduna Governorship Tribunal as Governor Uba Sani moves to terminate the petition of the Peoples Democratic Party (PDP) and its candidate, Mohammed Ashiru Isa, against his election.
The tribunal, on Monday, last week set today to hear the latest motion by the governor’s legal team led by former Attorney-General of the Federation and Minister of Justice, Chief Bayo Ojo, SAN, to end proceedings in the petition, based on the latest pronouncement of the Court of Appeal.


The principle of stare decisis, a Latin term that means “let the decision stand” or “to stand by things decided” makes it compelling for lower courts to line behind decisions of superior courts.

Read Also: Open letter to Governor Uba Sani
To this end, decisions of the two appellate courts; Court of Appeal and Supreme Court, are binding on election petition tribunals, where facts in cases are similar.

Sani is calling for an end to the last petition standing against his victory, by pointing to the July 18, judgment of the Court of Appeal in the case of the All Progressives Congress (APC), against Enugu State Governor, Peter Mbah, knocked off at the preliminary stage due to a fatal error by the petitioners, in applying for the crucial pre-hearing notice.


The Supreme Court had held in many instances that either premature or late filing of the all-important Notice, would deem the petition abandoned and terminable.

The unanimous judgment of the three-man panel headed by Justice Olubunmi Oyewole held that the appeal brought by APC’s Uche Nnaji against the dismissal of his petition at the preliminary stage wasn’t meritorious because the filing of the pre-hearing Notice out of time, had dealt the entire petition a fatal blow.




Sani said the three justices holding the petition had become abandoned by the reason of the late filing of the said Notice, adding that Justice K.M Akano-led Enugu Governorship Tribunal was right under the law, to dismiss the petition in the course of proceedings.

Oyewole in his lead judgment held that “as found by the trial Tribunal, the application for the issuance of pre-hearing notice filed by the Appellants on June 6, 2023, prior to the service of the final pleading in the petition on all the parties, was incompetent.


“Election proceedings are sui generis and the stipulated procedure must be scrupulously complied with, otherwise a defaulting Petitioner or party would only have himself to blame.

“The moment the Appellants failed to activate the issuance of pre-hearing notice within the stipulated period, they had abandoned their petition and there was nothing before the trial Tribunal upon which it could adjudicate any further.
Taboola
“This is different from objections contemplated by Paragraph 12 (5) of the First Schedule, Section 132 (7) of the Electoral Act and 285 ( of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) in respect of which ruling would be delivered along with the final judgement.”

Oyewole went ahead to allude to Justice Olatokunbo Kekere-Ekun, now a senior Justice of the Supreme Court, in the case of Azudibia V INEC (2008) 4 LRECN 705 at 126 where she said, “a process filed prematurely is a mere piece of paper without any legal consequence.”


Armed with the very consequential judgment, Sani is asking the Justice Victor Oviawie-led Tribunal to revisit his earlier motion during the pre-hearing stage, that Isa and PDP had abandoned their petition and be dismissed.

Another pre-hearing motion from the governor also called for the dismissal of the petition for being filed out of time.


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While the PDP petition bore official imprints of being filed at 11:45pm on the last day allowed by the extant laws, 9th of April, 2023, both the computer-generated payment evidence for the filing and the receipt issued by the Tribunal secretariat, bore 10th April, 2023, showing the petition was filed out of time.

Both receipts, showing N14,300 paid, had the name of Mr. Samuel Atung, a Silk.

Pleading an early end, Chief Ojo said “The nature of the application argued is such that could bring this Petition to an end. The Court of Appeal has recently terminated a petition based on an application that is on all fours with the one already argued by the 2nd Respondent (Sani).

In the motion referenced by the governor’s legal team, the Tribunal had said ruling would be taken alongside the final judgement in the Petition.

The APC team is contending that the latest Court of Appeal judgement had declared such wait, unnecessary, with Justice Oyewole saying an abandoned petition can be terminated at any point in the proceedings and could be suo moto, done, by the Tribunal.

In the Motion for dismissal, Chief Ojo, argued that the petition, having suffered incurable procedural error, is deemed abandoned by laws guiding petition adjudication.

He cited several legal authorities in his written address, especially decided cases of the Supreme Court and the Court of Appeal, to show the petitioners had procedurally defaulted.

In Maku v Sule, the Supreme Court held that petitioners 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.

PDP and Isa however kicked, insisting that they applied for pre-trial on 26th May, 2023 and not 16th May, 2023, adding that a competent application for the issuance of pre-hearing notice, was made.

The response, taken out 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 a pre-hearing information sheet, placed validly before this Tribunal.

“The petitioners are under an obligation to apply for the issuance of a 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.”

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Armed with the very consequential judgment, Sani is asking the Justice Victor Oviawie-led Tribunal to revisit his earlier motion during the pre-hearing stage, that Isa and PDP had abandoned their petition and be dismissed.

Another pre-hearing motion from the governor also called for the dismissal of the petition for being filed out of time.


- Advertisement -

While the PDP petition bore official imprints of being filed at 11:45pm on the last day allowed by the extant laws, 9th of April, 2023, both the computer-generated payment evidence for the filing and the receipt issued by the Tribunal secretariat, bore 10th April, 2023, showing the petition was filed out of time.

Both receipts, showing N14,300 paid, had the name of Mr. Samuel Atung, a Silk.

Pleading an early end, Chief Ojo said “The nature of the application argued is such that could bring this Petition to an end. The Court of Appeal has recently terminated a petition based on an application that is on all fours with the one already argued by the 2nd Respondent (Sani).

In the motion referenced by the governor’s legal team, the Tribunal had said ruling would be taken alongside the final judgement in the Petition.

The APC team is contending that the latest Court of Appeal judgement had declared such wait, unnecessary, with Justice Oyewole saying an abandoned petition can be terminated at any point in the proceedings and could be suo moto, done, by the Tribunal.

In the Motion for dismissal, Chief Ojo, argued that the petition, having suffered incurable procedural error, is deemed abandoned by laws guiding petition adjudication.

He cited several legal authorities in his written address, especially decided cases of the Supreme Court and the Court of Appeal, to show the petitioners had procedurally defaulted.

In Maku v Sule, the Supreme Court held that petitioners 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.

PDP and Isa however kicked, insisting that they applied for pre-trial on 26th May, 2023 and not 16th May, 2023, adding that a competent application for the issuance of pre-hearing notice, was made.

The response, taken out 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 a pre-hearing information sheet, placed validly before this Tribunal.

“The petitioners are under an obligation to apply for the issuance of a 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.”
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Isa ashiru kudan loses out in Kaduna again.you are from the north but depending on southerners to make you governor.nonsense

garfield1:
Isa ashiru kudan loses out in Kaduna again.you are from the north but depending on southerners to make you governor.nonsense

Ashiru knew that petition was going nowhere.
Even though I didn't vote that day, but I was happy he lost.

Same rubbish Obi did in Nigeria.

bennyflipy:

Ashiru knew that petition was going nowhere.
Even though I didn't vote that day, but I was happy he lost.

Same rubbish Obi did in Nigeria.

Why

garfield1:

Why

He was not the better candidate, I'll even pick an Hunkuyi over ashiru.

Uba was better IMO plus the good foundation led by his predecessor to continue on.

bennyflipy:


He was not the better candidate, I'll even pick an Hunkuyi over ashiru.

Uba was better IMO plus the good foundation led by his predecessor to continue on.

Good.he was a Christian candidate

garfield1:


Good.he was a Christian candidate

SK candidate


Umbilical cords of SK people are tied to PDP.

bennyflipy:


SK candidate


Umbilical cords of SK people are tied to PDP.

I thought lp will destroy it

garfield1:


I thought lp will destroy it

Lp can't destroy it, in the whole of SK LP got only one sit and it was really close with PDP.

bennyflipy:


Lp can't destroy it, in the whole of SK LP got only one sit and it was really close with PDP.

Obi won sk

garfield1:


Obi won sk

Presidential election was different, Most of my family members voted PDP. Most people voted against the Muslim Muslim ticket, when some realized Obi had no chance they switched to PDP. Only vote wasters voted Obi.

bennyflipy:


Presidential election was different, Most of my family members voted PDP. Most people voted against the Muslim Muslim ticket, when some realized Obi had no chance they switched to PDP. Only vote wasters voted Obi.

But how come tinubu lost massively in kad? I calculated that obi will win sk while tinubu edge out atiku in the north

garfield1:


But how come tinubu lost massively in kad? I calculated that obi will win sk while tinubu edge out atiku in the north

In the south

Because of M/M
So LP and PDP were their options.

In the north it was divided like 50-50

Some because Atiku is northern and a Muslim

Some because of the M/M ticket and they don't like Atiku.

The best bet for tinubu was 25% at that time, which he got.

garfield1:
Fireworks are expected today at the Kaduna Governorship Tribunal as Governor Uba Sani moves to terminate the petition of the Peoples Democratic Party (PDP) and its candidate, Mohammed Ashiru Isa, against his election.
The tribunal, on Monday, last week set today to hear the latest motion by the governor’s legal team led by former Attorney-General of the Federation and Minister of Justice, Chief Bayo Ojo, SAN, to end proceedings in the petition, based on the latest pronouncement of the Court of Appeal.


The principle of stare decisis, a Latin term that means “let the decision stand” or “to stand by things decided” makes it compelling for lower courts to line behind decisions of superior courts.

Read Also: Open letter to Governor Uba Sani
To this end, decisions of the two appellate courts; Court of Appeal and Supreme Court, are binding on election petition tribunals, where facts in cases are similar.

Sani is calling for an end to the last petition standing against his victory, by pointing to the July 18, judgment of the Court of Appeal in the case of the All Progressives Congress (APC), against Enugu State Governor, Peter Mbah, knocked off at the preliminary stage due to a fatal error by the petitioners, in applying for the crucial pre-hearing notice.


The Supreme Court had held in many instances that either premature or late filing of the all-important Notice, would deem the petition abandoned and terminable.

The unanimous judgment of the three-man panel headed by Justice Olubunmi Oyewole held that the appeal brought by APC’s Uche Nnaji against the dismissal of his petition at the preliminary stage wasn’t meritorious because the filing of the pre-hearing Notice out of time, had dealt the entire petition a fatal blow.




Sani said the three justices holding the petition had become abandoned by the reason of the late filing of the said Notice, adding that Justice K.M Akano-led Enugu Governorship Tribunal was right under the law, to dismiss the petition in the course of proceedings.

Oyewole in his lead judgment held that “as found by the trial Tribunal, the application for the issuance of pre-hearing notice filed by the Appellants on June 6, 2023, prior to the service of the final pleading in the petition on all the parties, was incompetent.


“Election proceedings are sui generis and the stipulated procedure must be scrupulously complied with, otherwise a defaulting Petitioner or party would only have himself to blame.

“The moment the Appellants failed to activate the issuance of pre-hearing notice within the stipulated period, they had abandoned their petition and there was nothing before the trial Tribunal upon which it could adjudicate any further.
Taboola
“This is different from objections contemplated by Paragraph 12 (5) of the First Schedule, Section 132 (7) of the Electoral Act and 285 ( of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) in respect of which ruling would be delivered along with the final judgement.”

Oyewole went ahead to allude to Justice Olatokunbo Kekere-Ekun, now a senior Justice of the Supreme Court, in the case of Azudibia V INEC (2008) 4 LRECN 705 at 126 where she said, “a process filed prematurely is a mere piece of paper without any legal consequence.”


Armed with the very consequential judgment, Sani is asking the Justice Victor Oviawie-led Tribunal to revisit his earlier motion during the pre-hearing stage, that Isa and PDP had abandoned their petition and be dismissed.

Another pre-hearing motion from the governor also called for the dismissal of the petition for being filed out of time.


- Advertisement -

While the PDP petition bore official imprints of being filed at 11:45pm on the last day allowed by the extant laws, 9th of April, 2023, both the computer-generated payment evidence for the filing and the receipt issued by the Tribunal secretariat, bore 10th April, 2023, showing the petition was filed out of time.

Both receipts, showing N14,300 paid, had the name of Mr. Samuel Atung, a Silk.

Pleading an early end, Chief Ojo said “The nature of the application argued is such that could bring this Petition to an end. The Court of Appeal has recently terminated a petition based on an application that is on all fours with the one already argued by the 2nd Respondent (Sani).

In the motion referenced by the governor’s legal team, the Tribunal had said ruling would be taken alongside the final judgement in the Petition.

The APC team is contending that the latest Court of Appeal judgement had declared such wait, unnecessary, with Justice Oyewole saying an abandoned petition can be terminated at any point in the proceedings and could be suo moto, done, by the Tribunal.

In the Motion for dismissal, Chief Ojo, argued that the petition, having suffered incurable procedural error, is deemed abandoned by laws guiding petition adjudication.

He cited several legal authorities in his written address, especially decided cases of the Supreme Court and the Court of Appeal, to show the petitioners had procedurally defaulted.

In Maku v Sule, the Supreme Court held that petitioners 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.

PDP and Isa however kicked, insisting that they applied for pre-trial on 26th May, 2023 and not 16th May, 2023, adding that a competent application for the issuance of pre-hearing notice, was made.

The response, taken out 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 a pre-hearing information sheet, placed validly before this Tribunal.

“The petitioners are under an obligation to apply for the issuance of a 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.”

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Armed with the very consequential judgment, Sani is asking the Justice Victor Oviawie-led Tribunal to revisit his earlier motion during the pre-hearing stage, that Isa and PDP had abandoned their petition and be dismissed.

Another pre-hearing motion from the governor also called for the dismissal of the petition for being filed out of time.


- Advertisement -

While the PDP petition bore official imprints of being filed at 11:45pm on the last day allowed by the extant laws, 9th of April, 2023, both the computer-generated payment evidence for the filing and the receipt issued by the Tribunal secretariat, bore 10th April, 2023, showing the petition was filed out of time.

Both receipts, showing N14,300 paid, had the name of Mr. Samuel Atung, a Silk.

Pleading an early end, Chief Ojo said “The nature of the application argued is such that could bring this Petition to an end. The Court of Appeal has recently terminated a petition based on an application that is on all fours with the one already argued by the 2nd Respondent (Sani).

In the motion referenced by the governor’s legal team, the Tribunal had said ruling would be taken alongside the final judgement in the Petition.

The APC team is contending that the latest Court of Appeal judgement had declared such wait, unnecessary, with Justice Oyewole saying an abandoned petition can be terminated at any point in the proceedings and could be suo moto, done, by the Tribunal.

In the Motion for dismissal, Chief Ojo, argued that the petition, having suffered incurable procedural error, is deemed abandoned by laws guiding petition adjudication.

He cited several legal authorities in his written address, especially decided cases of the Supreme Court and the Court of Appeal, to show the petitioners had procedurally defaulted.

In Maku v Sule, the Supreme Court held that petitioners 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.

PDP and Isa however kicked, insisting that they applied for pre-trial on 26th May, 2023 and not 16th May, 2023, adding that a competent application for the issuance of pre-hearing notice, was made.

The response, taken out 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 a pre-hearing information sheet, placed validly before this Tribunal.

“The petitioners are under an obligation to apply for the issuance of a 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.”
https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://thenationonlineng.net/obey-appeal-court-dismiss-pdps-petition-sani-tells-tribunal/&ved=2ahUKEwjZ-emCy7iAAxUHh1wKHc75CD0QFnoECBwQAQ&usg=AOvVaw1TkOn52Wpey3b0fqt7Y_dK




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Justice KM Akano is not known to suffer fools gladly. She got no joy when the table is dressed in the wrong colour!

bennyflipy:


In the south

Because of M/M
So LP and PDP were their options.

In the north it was divided like 50-50

Some because Atiku is northern and a Muslim

Some because of the M/M ticket and they don't like Atiku.

The best bet for tinubu was 25% at that time, which he got.

Tinubu did well in even sokoto ruled by pdp and lost narrowly in other nw states.el rufai betrayed him

zoedew:

Justice KM Akano is not known to suffer fools gladly. She got no joy when the table is dressed in the wrong colour!

Who is she?

garfield1:


Who is she?

Justice KM Akano is a Nigerian Judge who is not known to suffer fools gladly. She got no joy when the table is dressed in the wrong colour! That is who she is!

garfield1:


Tinubu did well in even sokoto ruled by pdp and lost narrowly in other nw states.el rufai betrayed him

Betray him?
Why would he?

bennyflipy:


Betray him?
Why would he?

He never liked tinubu

garfield1:


He never liked tinubu

Same El Rufai that carried Tinubu on his in this KD and people were insulting?

bennyflipy:


Same El Rufai that carried Tinubu on his in this KD and people were insulting?

How come his son and protege TJ Abbas won

garfield1:


How come his son and protege TJ Abbas won

El Rufai constituency is now a PDP stronghold in KD (KD north LGA), his Son campaigned vigorously forgetting his father was a sitting Governor.

TJ Abbass on the other hand is from Zaria, I don't think El Rufai has influence on his constituency.


KD politics is always tricky.

bennyflipy:


El Rufai constituency is now a PDP stronghold in KD (KD north LGA), his Son campaigned vigorously forgetting his father was a sitting Governor.

TJ Abbass on the other hand is from Zaria, I don't think El Rufai has influence on his constituency.


KD politics is always tricky.

It is not tricky.kaduna north and south lgas and kad north zone has always voted where buhari is right from 2003.uba Sani won there during the guber polls.in the next polls,watch how apc will win those places back.the most popular person in pdp Kaduna is hunkuyi who decamped to nnpp therefore pdp was weakened.something went wrong.msybe it's because they are buharists and decided to rest in the absence of buhari.
Tinubu lost kebbi because of adamu aliero the grandmaster.the loss was just 30,000.tinubu was winning sokoto until tambuwal lga came and gave atiku a 3k margin.the insecurity and massive defections in katsina helped atiku win but the margin was just 7k.tinubu won more lgas.matawalle with his unpopularity still delivered zamfara.badaru with stiff resistance from lamido and turaki two grandmasters and division in apc delivered.el rufai without any challenge in pdp failed woefully.if not for obi,it could have been worse

garfield1:


It is not tricky.kaduna north and south lgas and kad north zone has always voted where buhari is right from 2003.uba Sani won there during the guber polls.in the next polls,watch how apc will win those places back.the most popular person in pdp Kaduna is hunkuyi who decamped to nnpp therefore pdp was weakened.something went wrong.msybe it's because they are buharists and decided to rest in the absence of buhari.
Tinubu lost kebbi because of adamu aliero the grandmaster.the loss was just 30,000.tinubu was winning sokoto until tambuwal lga came and gave atiku a 3k margin.the insecurity and massive defections in katsina helped atiku win but the margin was just 7k.tinubu won more lgas.matawalle with his unpopularity still delivered zamfara.badaru with stiff resistance from lamido and turaki two grandmasters and division in apc delivered.el rufai without any challenge in pdp failed woefully.if not for obi,it could have been worse

I don't think El Rufai betrayed tinubu sha

PDP also won all the senatorial seats.

The most important thing is he delivered 25%

Lol your not a northerner nor from Kaduna, you absolutely don't know what your saying!!

There are some angles to why Tinubu lost

1. BVAS has made the election very transparent, there was no and very minimal party affiliation this time around, unlike when Buhari won in 2015. Many heavyweight politicians who we never have thought will lose even in our dreams, ended up lossing

It was purely performance base in the north, what saved his son and Tj Abbas, is because they are related to El-Rufai and happen to be from Zaria LG. Do you think Abbas is a small politician!!

2. If you only know the forces that were against El-Rufai, you would have shed tears for him!

Tinubu's votes were divided 2(Atiku, kwankwasso), while 99% Christians voted for PO

3. With all the popularity of El rufai, his candidate could only defeat PDP with just 7k votes

you are a disgrace to have ever thought El-Rufai betrayed Tinubu, I can't believe I ever rated you! Where was the like of Sanwo-olu when Tinubu lost Yoruba states of Lagos and Osun!?!?! A northern state against a fulani state you expect him to sweep ba

Elrufia that fought Abdullahi Adamu, was all over the court and Twitter translating videos to hausa, is what ungrateful bastards are referring to betrayal because they have power now

garfield1:


How come his son and protege TJ Abbas won

That guy is a fool, can't believe I ever rated him

The battle Elrufai fought for Tinubu was never done in any state. He came up against a fellow northern fulani and Christian population that gave PO 99% votes

The reason PDP won all Senate seats, it's because naturally Kaduna south is always PDP

For Kaduna central, Abdullahi the COS of El rufai wanted to contest the Gubernatorial election, however his still young and was not much liked because his suffers from youthful exuberance. So elrufia tricked him by offering him the senatorial ticket for him to step down for Uba Sani

Tinubu that lost his own Yoruba state if Lagos and Osun, is not seen as betrayal. El rufai that fought Adamu and was all over the court

bennyflipy:


I don't think El Rufai betrayed tinubu sha

PDP also won all the senatorial seats.

The most important thing is he delivered 25%

Flathead8:
That guy is a fool, can't believe I ever rated him

The battle Elrufai fought for Tinubu was never done in any state. He came up against a fellow northern fulani and Christian population that gave PO 99% votes

The reason PDP won all Senate seats, it's because naturally Kaduna south is always PDP

For Kaduna central, Abdullahi the COS of El rufai wanted to contest the Gubernatorial election, however his still young and was not much liked because his suffers from youthful exuberance. So elrufia tricked him by offering him the senatorial ticket for him to step down for Uba Sani

Tinubu that lost his own Yoruba state if Lagos and Osun, is not seen as betrayal. El rufai that fought Adamu and was all over the court

It has not gotten to insults please, don't be like an OBidient.


El Rufai fought so many battles for PBAT, I was surprised to see someone say he betrayed PBAT.

If El Rufai had allowed Dattijo, APC would have lost kaduna, that I am very sure.

garfield1:
Fireworks are expected today at the Kaduna Governorship Tribunal as Governor Uba Sani moves to terminate the petition of the Peoples Democratic Party (PDP) and its candidate, Mohammed Ashiru Isa, against his election.
The tribunal, on Monday, last week set today to hear the latest motion by the governor’s legal team led by former Attorney-General of the Federation and Minister of Justice, Chief Bayo Ojo, SAN, to end proceedings in the petition, based on the latest pronouncement of the Court of Appeal.


The principle of stare decisis, a Latin term that means “let the decision stand” or “to stand by things decided” makes it compelling for lower courts to line behind decisions of superior courts.

Read Also: Open letter to Governor Uba Sani
To this end, decisions of the two appellate courts; Court of Appeal and Supreme Court, are binding on election petition tribunals, where facts in cases are similar.

Sani is calling for an end to the last petition standing against his victory, by pointing to the July 18, judgment of the Court of Appeal in the case of the All Progressives Congress (APC), against Enugu State Governor, Peter Mbah, knocked off at the preliminary stage due to a fatal error by the petitioners, in applying for the crucial pre-hearing notice.


The Supreme Court had held in many instances that either premature or late filing of the all-important Notice, would deem the petition abandoned and terminable.

The unanimous judgment of the three-man panel headed by Justice Olubunmi Oyewole held that the appeal brought by APC’s Uche Nnaji against the dismissal of his petition at the preliminary stage wasn’t meritorious because the filing of the pre-hearing Notice out of time, had dealt the entire petition a fatal blow.




Sani said the three justices holding the petition had become abandoned by the reason of the late filing of the said Notice, adding that Justice K.M Akano-led Enugu Governorship Tribunal was right under the law, to dismiss the petition in the course of proceedings.

Oyewole in his lead judgment held that “as found by the trial Tribunal, the application for the issuance of pre-hearing notice filed by the Appellants on June 6, 2023, prior to the service of the final pleading in the petition on all the parties, was incompetent.


“Election proceedings are sui generis and the stipulated procedure must be scrupulously complied with, otherwise a defaulting Petitioner or party would only have himself to blame.

“The moment the Appellants failed to activate the issuance of pre-hearing notice within the stipulated period, they had abandoned their petition and there was nothing before the trial Tribunal upon which it could adjudicate any further.
Taboola
“This is different from objections contemplated by Paragraph 12 (5) of the First Schedule, Section 132 (7) of the Electoral Act and 285 ( of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) in respect of which ruling would be delivered along with the final judgement.”

Oyewole went ahead to allude to Justice Olatokunbo Kekere-Ekun, now a senior Justice of the Supreme Court, in the case of Azudibia V INEC (2008) 4 LRECN 705 at 126 where she said, “a process filed prematurely is a mere piece of paper without any legal consequence.”


Armed with the very consequential judgment, Sani is asking the Justice Victor Oviawie-led Tribunal to revisit his earlier motion during the pre-hearing stage, that Isa and PDP had abandoned their petition and be dismissed.

Another pre-hearing motion from the governor also called for the dismissal of the petition for being filed out of time.


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While the PDP petition bore official imprints of being filed at 11:45pm on the last day allowed by the extant laws, 9th of April, 2023, both the computer-generated payment evidence for the filing and the receipt issued by the Tribunal secretariat, bore 10th April, 2023, showing the petition was filed out of time.

Both receipts, showing N14,300 paid, had the name of Mr. Samuel Atung, a Silk.

Pleading an early end, Chief Ojo said “The nature of the application argued is such that could bring this Petition to an end. The Court of Appeal has recently terminated a petition based on an application that is on all fours with the one already argued by the 2nd Respondent (Sani).

In the motion referenced by the governor’s legal team, the Tribunal had said ruling would be taken alongside the final judgement in the Petition.

The APC team is contending that the latest Court of Appeal judgement had declared such wait, unnecessary, with Justice Oyewole saying an abandoned petition can be terminated at any point in the proceedings and could be suo moto, done, by the Tribunal.

In the Motion for dismissal, Chief Ojo, argued that the petition, having suffered incurable procedural error, is deemed abandoned by laws guiding petition adjudication.

He cited several legal authorities in his written address, especially decided cases of the Supreme Court and the Court of Appeal, to show the petitioners had procedurally defaulted.

In Maku v Sule, the Supreme Court held that petitioners 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.

PDP and Isa however kicked, insisting that they applied for pre-trial on 26th May, 2023 and not 16th May, 2023, adding that a competent application for the issuance of pre-hearing notice, was made.

The response, taken out 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 a pre-hearing information sheet, placed validly before this Tribunal.

“The petitioners are under an obligation to apply for the issuance of a 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.”

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Armed with the very consequential judgment, Sani is asking the Justice Victor Oviawie-led Tribunal to revisit his earlier motion during the pre-hearing stage, that Isa and PDP had abandoned their petition and be dismissed.

Another pre-hearing motion from the governor also called for the dismissal of the petition for being filed out of time.


- Advertisement -

While the PDP petition bore official imprints of being filed at 11:45pm on the last day allowed by the extant laws, 9th of April, 2023, both the computer-generated payment evidence for the filing and the receipt issued by the Tribunal secretariat, bore 10th April, 2023, showing the petition was filed out of time.

Both receipts, showing N14,300 paid, had the name of Mr. Samuel Atung, a Silk.

Pleading an early end, Chief Ojo said “The nature of the application argued is such that could bring this Petition to an end. The Court of Appeal has recently terminated a petition based on an application that is on all fours with the one already argued by the 2nd Respondent (Sani).

In the motion referenced by the governor’s legal team, the Tribunal had said ruling would be taken alongside the final judgement in the Petition.

The APC team is contending that the latest Court of Appeal judgement had declared such wait, unnecessary, with Justice Oyewole saying an abandoned petition can be terminated at any point in the proceedings and could be suo moto, done, by the Tribunal.

In the Motion for dismissal, Chief Ojo, argued that the petition, having suffered incurable procedural error, is deemed abandoned by laws guiding petition adjudication.

He cited several legal authorities in his written address, especially decided cases of the Supreme Court and the Court of Appeal, to show the petitioners had procedurally defaulted.

In Maku v Sule, the Supreme Court held that petitioners 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.

PDP and Isa however kicked, insisting that they applied for pre-trial on 26th May, 2023 and not 16th May, 2023, adding that a competent application for the issuance of pre-hearing notice, was made.

The response, taken out 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 a pre-hearing information sheet, placed validly before this Tribunal.

“The petitioners are under an obligation to apply for the issuance of a 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.”
https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://thenationonlineng.net/obey-appeal-court-dismiss-pdps-petition-sani-tells-tribunal/&ved=2ahUKEwjZ-emCy7iAAxUHh1wKHc75CD0QFnoECBwQAQ&usg=AOvVaw1TkOn52Wpey3b0fqt7Y_dK




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illegal kaduna governor, Sani will be heavily defeated and disgrace in the tribunal court of justice

garfield1:
Fireworks are expected today at the Kaduna Governorship Tribunal as Governor Uba Sani moves to terminate the petition of the Peoples Democratic Party (PDP) and its candidate, Mohammed Ashiru Isa, against his election.
The tribunal, on Monday, last week set today to hear the latest motion by the governor’s legal team led by former Attorney-General of the Federation and Minister of Justice, Chief Bayo Ojo, SAN, to end proceedings in the petition, based on the latest pronouncement of the Court of Appeal.


The principle of stare decisis, a Latin term that means “let the decision stand” or “to stand by things decided” makes it compelling for lower courts to line behind decisions of superior courts.

Read Also: Open letter to Governor Uba Sani
To this end, decisions of the two appellate courts; Court of Appeal and Supreme Court, are binding on election petition tribunals, where facts in cases are similar.

Sani is calling for an end to the last petition standing against his victory, by pointing to the July 18, judgment of the Court of Appeal in the case of the All Progressives Congress (APC), against Enugu State Governor, Peter Mbah, knocked off at the preliminary stage due to a fatal error by the petitioners, in applying for the crucial pre-hearing notice.


The Supreme Court had held in many instances that either premature or late filing of the all-important Notice, would deem the petition abandoned and terminable.

The unanimous judgment of the three-man panel headed by Justice Olubunmi Oyewole held that the appeal brought by APC’s Uche Nnaji against the dismissal of his petition at the preliminary stage wasn’t meritorious because the filing of the pre-hearing Notice out of time, had dealt the entire petition a fatal blow.




Sani said the three justices holding the petition had become abandoned by the reason of the late filing of the said Notice, adding that Justice K.M Akano-led Enugu Governorship Tribunal was right under the law, to dismiss the petition in the course of proceedings.

Oyewole in his lead judgment held that “as found by the trial Tribunal, the application for the issuance of pre-hearing notice filed by the Appellants on June 6, 2023, prior to the service of the final pleading in the petition on all the parties, was incompetent.


“Election proceedings are sui generis and the stipulated procedure must be scrupulously complied with, otherwise a defaulting Petitioner or party would only have himself to blame.

“The moment the Appellants failed to activate the issuance of pre-hearing notice within the stipulated period, they had abandoned their petition and there was nothing before the trial Tribunal upon which it could adjudicate any further.
Taboola
“This is different from objections contemplated by Paragraph 12 (5) of the First Schedule, Section 132 (7) of the Electoral Act and 285 ( of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) in respect of which ruling would be delivered along with the final judgement.”

Oyewole went ahead to allude to Justice Olatokunbo Kekere-Ekun, now a senior Justice of the Supreme Court, in the case of Azudibia V INEC (2008) 4 LRECN 705 at 126 where she said, “a process filed prematurely is a mere piece of paper without any legal consequence.”


Armed with the very consequential judgment, Sani is asking the Justice Victor Oviawie-led Tribunal to revisit his earlier motion during the pre-hearing stage, that Isa and PDP had abandoned their petition and be dismissed.

Another pre-hearing motion from the governor also called for the dismissal of the petition for being filed out of time.


- Advertisement -

While the PDP petition bore official imprints of being filed at 11:45pm on the last day allowed by the extant laws, 9th of April, 2023, both the computer-generated payment evidence for the filing and the receipt issued by the Tribunal secretariat, bore 10th April, 2023, showing the petition was filed out of time.

Both receipts, showing N14,300 paid, had the name of Mr. Samuel Atung, a Silk.

Pleading an early end, Chief Ojo said “The nature of the application argued is such that could bring this Petition to an end. The Court of Appeal has recently terminated a petition based on an application that is on all fours with the one already argued by the 2nd Respondent (Sani).

In the motion referenced by the governor’s legal team, the Tribunal had said ruling would be taken alongside the final judgement in the Petition.

The APC team is contending that the latest Court of Appeal judgement had declared such wait, unnecessary, with Justice Oyewole saying an abandoned petition can be terminated at any point in the proceedings and could be suo moto, done, by the Tribunal.

In the Motion for dismissal, Chief Ojo, argued that the petition, having suffered incurable procedural error, is deemed abandoned by laws guiding petition adjudication.

He cited several legal authorities in his written address, especially decided cases of the Supreme Court and the Court of Appeal, to show the petitioners had procedurally defaulted.

In Maku v Sule, the Supreme Court held that petitioners 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.

PDP and Isa however kicked, insisting that they applied for pre-trial on 26th May, 2023 and not 16th May, 2023, adding that a competent application for the issuance of pre-hearing notice, was made.

The response, taken out 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 a pre-hearing information sheet, placed validly before this Tribunal.

“The petitioners are under an obligation to apply for the issuance of a 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.”

Advertisement




Armed with the very consequential judgment, Sani is asking the Justice Victor Oviawie-led Tribunal to revisit his earlier motion during the pre-hearing stage, that Isa and PDP had abandoned their petition and be dismissed.

Another pre-hearing motion from the governor also called for the dismissal of the petition for being filed out of time.


- Advertisement -

While the PDP petition bore official imprints of being filed at 11:45pm on the last day allowed by the extant laws, 9th of April, 2023, both the computer-generated payment evidence for the filing and the receipt issued by the Tribunal secretariat, bore 10th April, 2023, showing the petition was filed out of time.

Both receipts, showing N14,300 paid, had the name of Mr. Samuel Atung, a Silk.

Pleading an early end, Chief Ojo said “The nature of the application argued is such that could bring this Petition to an end. The Court of Appeal has recently terminated a petition based on an application that is on all fours with the one already argued by the 2nd Respondent (Sani).

In the motion referenced by the governor’s legal team, the Tribunal had said ruling would be taken alongside the final judgement in the Petition.

The APC team is contending that the latest Court of Appeal judgement had declared such wait, unnecessary, with Justice Oyewole saying an abandoned petition can be terminated at any point in the proceedings and could be suo moto, done, by the Tribunal.

In the Motion for dismissal, Chief Ojo, argued that the petition, having suffered incurable procedural error, is deemed abandoned by laws guiding petition adjudication.

He cited several legal authorities in his written address, especially decided cases of the Supreme Court and the Court of Appeal, to show the petitioners had procedurally defaulted.

In Maku v Sule, the Supreme Court held that petitioners 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.

PDP and Isa however kicked, insisting that they applied for pre-trial on 26th May, 2023 and not 16th May, 2023, adding that a competent application for the issuance of pre-hearing notice, was made.

The response, taken out 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 a pre-hearing information sheet, placed validly before this Tribunal.

“The petitioners are under an obligation to apply for the issuance of a 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.”
https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://thenationonlineng.net/obey-appeal-court-dismiss-pdps-petition-sani-tells-tribunal/&ved=2ahUKEwjZ-emCy7iAAxUHh1wKHc75CD0QFnoECBwQAQ&usg=AOvVaw1TkOn52Wpey3b0fqt7Y_dK




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Kaduna: Tribunal Urges INEC To Obey Court Order, As Ashiru Applies For Arrest Warrant.

The governoship election tribunal sitting in Kaduna has urged the Independent National Electoral Commission (INEC) to obey court order by ensuring that its subpoenaed witness appear before the court tomorrow.

This followed the aplication of the 1st and 2nd petitioners, Hon. Isa Ashiru and his party; People's Democratic Party (PDP), who sought that arrest warrant be issued on INEC due to its failure to present a witness before the tribunal today.

Though, the counsels to both the 1st (INEC), 2nd (Uba Sani) and 3rd (APC) respondents argued that the application of the Oluwole Iyamu (SAN), who is the counsel to the 1st and 2nd petitioners, Ashiru and PDP, seeking the arrest of the Residents Electoral Commissioner (REC) be declined by the court.

In their seperate arguments, the counsels added that the petitioners did not follow due process. "Before any party should talk on compliance of court order, there shall be clear evidence that the subpoenaed person had been duly served," they emphasised.

Ashiru, through his counsel explained that it is a deliberate attempt by the INEC to frustrate the order of the court, having followed the normal process. "We are urging the tribunal to vindicate the authority of the court that no any public servant played pranks on the court oder."

Upon the arguments of all counsels, the three man panel of the tribunal has directed that the subpoeaned withness of the INEC be made available at tomorrow's sitting.

Isha Ashiru Is Coming By The Special Grace Of God 🔦🔦🔦

9jahotblog:



Kaduna: Tribunal Urges INEC To Obey Court Order, As Ashiru Applies For Arrest Warrant.

The governoship election tribunal sitting in Kaduna has urged the Independent National Electoral Commission (INEC) to obey court order by ensuring that its subpoenaed witness appear before the court tomorrow.

This followed the aplication of the 1st and 2nd petitioners, Hon. Isa Ashiru and his party; People's Democratic Party (PDP), who sought that arrest warrant be issued on INEC due to its failure to present a witness before the tribunal today.

Though, the counsels to both the 1st (INEC), 2nd (Uba Sani) and 3rd (APC) respondents argued that the application of the Oluwole Iyamu (SAN), who is the counsel to the 1st and 2nd petitioners, Ashiru and PDP, seeking the arrest of the Residents Electoral Commissioner (REC) be declined by the court.

In their seperate arguments, the counsels added that the petitioners did not follow due process. "Before any party should talk on compliance of court order, there shall be clear evidence that the subpoenaed person had been duly served," they emphasised.

Ashiru, through his counsel explained that it is a deliberate attempt by the INEC to frustrate the order of the court, having followed the normal process. "We are urging the tribunal to vindicate the authority of the court that no any public servant played pranks on the court oder."

Upon the arguments of all counsels, the three man panel of the tribunal has directed that the subpoeaned withness of the INEC be made available at tomorrow's sitting.

Isha Ashiru Is Coming By The Special Grace Of God 🔦🔦🔦

He has lost out

garfield1:


He has lost out

sani is a clueless goner joor .