Kaduna: PDP to challenge court ruling on recount of ballot papers, appeals on application

Following the court ruling not to grant the application of the People’s Democratic Party’s (PDP) gubernatorial candidate, Isa Ashiru in the last election seeking recount of the votes cast, the applicant has said he would challenge the ruling.

In his ruling, the Chairman of the tribunal, justice I. M. Bako noted that the court does not have the power to grant the application for recount of ballot papers.

Speaking to journalists on the Court’s ruling, counsel to Hon. Isa Ashiru, E. Kurah said the legal team will 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 that has also been sanctioned by the court of appeal in a number of cases.

“So, we wonder at this stage why the tribunal would say it doesn’t have the power to recount. So we have to take it up so that the issue will be trashed out”, he said.

The legal luminary argued that tribunal has an inherent power to grant the recount, saying that 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.

Counsel to Nasir El-rufai, Abdulhakeen Mustapha (SAN), expressed satisfaction with the ruling, saying the PDP’S motion lacks merit.