The Court of Appeal in Abuja has upheld Uba Sani of the All Progressives Congress (APC) in Kaduna State and Sheriff Oborevwori of the Peoples Democratic Party (PDP) in the Delta State governorship election held on March 18.
The three-member panel of the appellate court, delivering the judgment for Kaduna, declared that the tribunal erred in its reliance on inadmissible evidence, leading to the order for supplementary polls in 22 polling units across four local government areas (LGAs) where the initial exercise was deemed inconclusive.
The court specifically noted that a key witness presented by the Peoples Democratic Party (PDP) during the tribunal hearing provided hearsay evidence, as he was not physically present when the alleged malpractices occurred. The allegations of vote deduction, ballot box stuffing, and mutilation of sensitive electoral materials, as per the witness, were deemed hearsay by the appellate court.
Furthermore, the Court of Appeal supported the tribunal’s decision to dismiss the petition of the PDP and its candidate, Isa Ashiru. This dismissal was based on the petitioners’ failure to adhere to the procedural requirement of applying for the issuance of a pre-hearing information sheet after the close of pleadings, as stipulated by paragraph 18(1) of the first schedule to the Electoral Act 2022.
