From Noah Ebije, Kaduna
The 3-man panel of the tribunal handling the case between Hon. Isa Ashiru of the People’s Democratic Party (PDP), Governor of Kaduna state, Dr. Uba Sani, All Progressives Congress (APC) and the Independent Electoral Commission (INEC), has closed the pre-hearing session.
The tribunal promised to communicate adjourned date to the Counsels to hear the matter.
The counsel to the 2nd respondent in the matter, Governor Uba Sani had earlier asked the Tribunal to dismiss the petition, brought by the candidate of the Peoples Democratic Party in the 18 March poll.
In a motion for dismissal tabled before the 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.
Ojo, a former Attorney General of the Federation and Minister of Justice, 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.
The counsel to the Peoples Democratic Party and its candidate, Samuel Atung (SAN) have kicked against the motion for the dismissal of their petition, claiming that they applied for pre-trial as provided by the electoral act.
Samuel Atung (SAN) insisted that a competent application for the issuance of pre-hearing notice, was made.
Briefing newsmen shortly after the tribunal proceedings, Atung further explained that: “the applications seeking to dismiss the petitions are still pending, and the court has reserved ruling but, with what happened at the court today, the coast is clear for the PDP and its candidate”.
Though, the date to hear the matter was not pronounced by the Tribunal at the court, but promised to communicate to the Counsels on the approved date.