Tribunal Rejects Senator’s Dismissal Plea

The Kebbi State Election Petitions Tribunal has dismissed an application by Alhaji Atiku Bagudu of the PDP, asking it to discard a petition which challenged his senatorial victory.

Alhaji Aliyu Sambo also of the DPP is challenging Bagudu’s election as the Senator representing Kebbi Central Senatorial District.

Justice Elizabeth Kpojime, who presided over the tribunal’s sitting in Birnin Kebbi, ruled that Bagudu’s application lacked merit and cited relevant sections of the First Schedule to the Electoral Act 2006.

Bagudu through his counsel, Mr John Ochoku, had prayed the tribunal to dismiss the petition, claiming that it had been abandoned “as neither the petitioners nor any respondent applied for pre-hearing trial”.

According to Kpojime, a distinction has to be made between a substantive law and a procedural rule and while a substantive law cannot be waived by any party to the suit, such is not the case with a procedural rule.

The tribunal adjourned the case to April 12.