By Abdallah el-Kurebe, Editor
#TrackNigeria: The National and state Assembly Election Tribunal sitting in Sokoto, on Thursday, upheld the election of two All Progressives Congress (APC) members of the House of Representatives for the Peoples Democratic Party (PDP) candidates’ lack of proof to support their petition against their election.
The APC rep members are Bala Hassan Abubakar III, representing Sokoto North/South Federal Constituency, and Aliyu Shehu A.A, representing Bodinga/Dange Shuni/Tureta Federal Constituency, respectively.
The first Judgment delivered was that of Hon. Bala Hassan Abubakar III by Justice I. Iwodi.
Abubakar Ahmad Abdullahi of the PDP had challenged the election of Hassan was challenged before the tribunal alleging that the election of Hassan was invalid as it was not conducted according to the INEC Guidelines, 2019 and the Electoral Act, 2010, as amended.
He also claimed that there was non compliance with INEC laid down rules and all the votes cast were not valid, among other reasons with regards to the non credibility of the whole election of the said winner of the election as returned by INEC.
The Lead Counsel for the Petitioner , Barrister Ibrahim Abdullahi, prayed the following reliefs before the Tribunal .
That the election should be nullified and an order for re-run be granted in the area , for alleged over voting and malpractices, which according to him, are contrary to the election Guidelines and Electoral Act, 2010 , as amended.
That where there were irregularities in some polling Units at the two local government areas of the constituency and the results should be cancelled.
The tribunal having carefully examined the prayers by the Petitioner, observed that, the petitioner failed woefully to prove to it on why the election of the Ist Respondent, Hon. Bala Hassan should be cancelled.
Justice I. Iwodi said that, virtually all the evidences produced both oral and written lacked merit as the Tribunal was not convinced with the presented points.
Therefore, the Tribunal dismissed the application challenging the said winner , for lack of merit and convincing facts.
The Court affirmed the election of Hon. Bala Hassan Abubakar as the duly elected member of the House of Representatives, representing Sokoto North / Sokoto South Federal Constituency.
Speking to journalists shortly after his affirmation by the tribunal, Alhaji Bala Hassan described the judgement as the will of Allah and expressed more determination towards providing developmental projects to his constituents .
He lauded the leader of the Party in state, Senator Aliyu Magatakarda Wamakko, whom he described as a role model politically .
He called on his opponent to accept the victory as a will of Allah and join hand together for the progress of the constituency.
In a related development, the Tribunal has dismissed the petition filed before it by a PDP candidate during the 23/2/2019 National Assembly Election for Bodinga/Dange shuni/Tureta Federal Constituency , Dr Balarabe Shehu Kakale, who was challenging the declaration of APC Candidate, Hon. Shehu Aliyu AA as the elected member.
The defeated Candidate was challenging the victory of the winner in question for two basis points.
That,Hon. Shehu Aliyu was not duly elected and that the said candidate did not obtain the requisite academic qualifications.
Counsel to the Petitioners , Barrister T.O. Adeboye, argued that, the election of Hon. A A Shehu was marred by malpractice and non compliance of the Electoral Act , 2010, as amended and election Guidelines, 2019.
Barrister Adeboye alleged that , there was over voting in almost all the wards in the areas during the election.
She insisted that, there were cancellations and alterations, as well as non accreditation of voters at all the three local government areas.
Counsel to the first and second Respondents, Barrister Steve Nwoke said the candidate in question Hon. Aliyu AA was duly elected and there was substantial compliance with the Electoral Act and Guidelines .
On the issue of academic qualifications, Barrister Nwoke said his client has attended primary , secondary and tertiary institutions in the state.
He said on the issue of using interchangeable names, his client has acquired court affidavit to back his argument.
Delivering his judgement on the matter , Justice Hamman Idi Polycarp stated that, all the two major issues in contention by the Petitioners were not true and the first Respondent , Hon. Shehu , was duly elected according to the rules of the election.
Justice Polycap said the Petitioners failed to prove their case and evidence (s) to convince the court to the point of granting the petitioners’ prayers.
The court said that , even the documents presented before it were doomed and are irrelevant to the ongoing dispute.
The Tribunal therefore discountenanced the petition for lack of tangible and strong facts by the Petitioners and reaffirmed the election of Aliyu Shehu AA as the duly and qualified winner of the election into the House of Representatives, representing Bodinga/Dange Shuni /Tureta Federal Constituency, held on 23/2/2019.
