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Ahamba Defeats Namadi's Motion to Stop Retrial
posted on 19th June, 2009

Chief Mike Ahamba (SAN), Counsel to Sha'aban and the ANPP
Chief Mike Ahamba (SAN)
Chief Mike Ahamba (SAN) has dealt a crushing blow to Namadi Sambo's attempt to stop the retrial of the appeal into the Kaduna State gubernatorial elections filed by Sani Sha'aban and the ANPP challenging his election and that of the PDP in the April 2007 elections.

This happened on Wednessday, 17th June, 2009 before Justices Alkali Baaba, Amina Adamu Augie and Oji Okoro at the the Kaduna Court of Appeal when preliminary proceedings were commenced into the recently reopened guber appeal case.

Responding to the judges's question on why his client is applying for the case be reopened after it has been dismissed, Mike Ahamba made a detailed presentation citing over five Supreme court authorities to support his claim that there were fundamental breaches that make it imparative for the previous judgement to be set aside.

Ahamba stressed that the case could not be considered as having been heard, as there was no fair hearing in the process. He went on to argue that the Bulkawacha panel only chose to hear from one side before passing their judgement. In law Ahamba maintained, the other side must also be heard from before a binding judgement can be delivered.

Opposing Ahamba's request for the case to be reopened, Namadi Sambo's lead counsel, Emmanuel Toro (SAN) informed the court that he has filed a motion requesting that Ahamba's application for a retrial of the appeal be dismissed. That according to Toro is the substantive matter that the court should be addressing. In his view this matter has already been decided upon and there was no bases for reopening it now.

After hearing submissions from both sides, the panel of judges decided that the issues raised by the petitioner are serious issues that must be entertained. The judges decided further that the case would not only be reheard, but because of the legal importance of the issues at play, a full appeal panel should be consituted to conduct the retrial. They were therefore asking for two more judges to join them on the panel.

Further hearing into the appeal was therefore fixed for 28th September, 2009 during which all motions and submissions will be dealt with.

    Timeline of Sha'aban's Quest for Justice
  • April 14th, 2007 - Governorship elections organised by the Independent National Electoral Commission (INEC) in all states of Nigeria, including Kaduna State.
  • April 15th, 2007 - INEC declares Namadi Sambo of the Peoples Democratic Party (PDP) winner.
  • April 15th, 2007 - Sani Sha'aban protests INEC manipulation of election results and is detained in the process.
  • April 16th, 2007 - Other Kaduna opposition parties that contested the April 14th elections pay solidarity visit and pledge their support to Namadi Sambo and the PDP.
  • May 15th, 2007 - Sani Sha'aban and the All Nigeria Peoples Party (ANPP) file petition with Election Petitions Tribunal in Kaduna.
  • October 23th, 2007 - Sambo fails in bid to stop election petition hearing.
  • April 17th, 2008 - Election Tribunal rules to uphold election of Namadi Sambo, of the PDP as Governor of Kaduna State.
  • May 2008 - Sani Sha'aban and the ANPP appeal ruling of Election Tribunal at the Kaduna Court of Appeal.
  • January 7th, 2009 - Hearing at Kaduna Court of Appeal suspended due to court registry mix - up of documents.
  • February 11th, 2009 - Final briefs on Sha'aba's appeal presented by Mike Ahamba (SAN). Court also struck out motion by Sambo and the PDP pleading with court to throw out Sha'aban's appeal.
  • March 6th, 2009- Justice Bulkachuwa appeal panel upholds Namadi Sambo's election.
    Sha'aban condemns the Bulkachuwa panel's decision as a rape of justice.
  • May 15th, 2009 - Mike Ahamba (SAN) appeals the Justice Bulkachuwa panel ruling to the President Court of Appeal and the Nigerian Judicial Council (NJC).
  • June 2nd, 2009 - Federal Court of Appeal, Abuja issues directive for appeal to be retried.
  • June 17th, 2009 - Appeal retrial proceedings begin in Kaduna.
  • September 28th, 2009 - Scheduled hearing of motions moved for lack of quorum.
  • November 30th, 2009 - Court sitting postponed because of Eid-el-Kabir public holidays.
  • February 10th, 2010 - Hearing into motions for retrial by the Justice Kumai Bayang Akaas panel.
  • March 1st, 2010 - Appeal Court denies motion for retrial of election appeal.
  • March 15th, 2010 - Sha'aban files appeal at the Supreme Court of Nigeria, Abuja.
  • November 1st & 4th, 2010 - Supreme Court, Abuja hearing of appeal.
  • November 4th, 2010 - Supreme Court dismisses appeal for lack of jurisdiction.

Vote Sani Sha'aban - ACN for Kaduna State Governor 2011

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