Against the backdrop by the Kaduna Governorship election petition Tribunal ruling not to grant the application of the Peoples Democratic Party (PDP) Gubernatorial candidate, Isa Ashiru in the last election seeking recount of the ballot papers used during the election in the State,the petitioner has decided to appeal the verdict.
In his ruling yesterday, the Chairman of the tribunal, justice Ibrahim M Bako said that the court does not have the power to grant the application for the recount of ballot papers.
Besides, speaking to journalists on the Court’s ruling, counsel to Alhaji Ashiru, Elisha Kurah (SAN) said the legal team will study the ruling and take the necessary action to Challenge the verdict of the Tribunal Chairman.
Kurah who frowned at the ruling said “it is strange because other tribunals have done that in the past and also with court of appeal in a number of cases.”
According to him, “So, we wonder at this stage why the tribunal would say it doesn’t have the power to recount. We have to take It up so that the issue will be trashed out”.
The Petitioner’s counsel argued that tribunal has an inherent powers to grant the recount, pointing out that the court of appeal in some cases has agreed that Tribunals have the powers.
He said the claim of the Tribunal not to have powers to grant the application, and to assume that there is no specific provision in the electoral act that talks about recount is strange.
While quoting section 6(17) of the constitution, he said the inherent powers of the court is clear, noting that the judicial powers conferred on the court to do justice to the case, and this one for that matter can not be an exception.
Meanwhile, the Counsel to Governor Nasiru El-Rufai, Abdulhakeen Mustapha (SAN) expressed Satisfaction with the ruling, saying the PDP’s motion lacks merit.
According to him, the court found no merit in the application and it was dismissed.
The PDP candidate had earlier applied for the recount of ballot in some polling units and wards of Kaduna North, Kaduna South, Igabi, Birnin Gwari, Giwa, Zaria, Sabon Gari, Makarfi, Kudan, Kubau, Soba and Ikara local government areas won by the All Progressives Congress ( APC) in the last concluded election.
The tribunal has adjourned the case to 15th of June, 2019 for continuation of hearing.
