BY AMOS TAUNA, KADUNA – The Kaduna State Election Petition Tribunal on Tuesday struck out the application by the Peoples Democratic Party’s gubernatorial candidate, Hon. Isa Ashiru in the 2019 election seeking the recount of the ballot papers used in elections.
In his ruling, Chairman of the tribunal, Justice I. M Bako, said the court does not have the power to grant the application for the recount of ballot papers.
Speaking to journalists on the Court’s ruling, counsel to Hon Isa Ashiru, Elesha Kurah, SAN, said the legal team would study the ruling and take the necessary action.
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.
He said; “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 tribunal has an inherent powers to grant the recount. The Court of Appeal has even agreed that they have the powers.”
He said the claim of the Court 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, explaining that judicial powers conferred on the court to do justice to the case and this one cannot be an exception.
However, Counsel to Nasir 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 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 set June 15, 2019 for continuation of hearing.
