Tribunal upholds PDP senator’s victory in Kaduna as Moro retains seat in Benue

• 2 reps’ elections nullified, rerun in 2 Katsina constituencies

• Court orders another rerun in Jigawa

• Kano NNPP rep sacked, APC’s Kwankwaso, Tsanyawa returned

From Maryam Ahmadu-Suka (Kaduna), Hope Abah Emmanuel (Makurdi), Tijjani Ibrahim (Katsina), Ali Rabiu Ali (Dutse) & Salim Umar Ibrahim (Kano)

The National Assembly Election Petition Tribunal in Kaduna has affirmed the election of Lawal Usman of the Peoples Democratic (Party) as the senator representing Kaduna Central.

The candidate of the All Progressive Congress (APC), Muhammad Abdullahi, had filed a petition challenging Usman’s election on four grounds.

Abdullahi questioned the genuineness of Usman’s educational qualification and claimed there was over-voting during the election. He also claimed that the PDP candidate was not nominated in accordance with the law and that he was not validly sponsored by the PDP.

But the three-member panel led by H. Kereng ruled that all the grounds presented by the petitioner failed and therefore dismissed the suit. Kereng said the petitioners failed to prove that the first respondent was not duly elected by the majority of votes in the February 25 polls.

“The APC got 182,035 votes while PDP got 225,066 votes giving a margin of 43,031. The petitioners have failed to prove beyond reasonable doubt that the respondent didn’t get the majority votes. Therefore, this issue is in favour of the first respondent and against the petitioner.

“The election and return of the first respondent is hereby affirmed. This petition is hereby dismissed,” he ruled.

Moro retains seat in Benue

Similarly, the National Assembly Election Petition Tribunal sitting in Makurdi has affirmed Senator Abba Moro’s victory in the Benue South senatorial election.

The tribunal, presided over by Justice Ory Zik-Ikeorha, dismissed the petition filed by Daniel Onjeh of the All Progressives Congress (APC) challenging Senator Moro’s election.

Justice  Zik-Ikeorha, in delivering the lead judgment, deemed the evidence provided by the petitioners weak, porous, and lacking substance, making it unable to sustain the petition.

Onjeh had based his petition on three grounds; that Moro was not qualified to contest, that he did not secure the majority of lawful votes, and that the election was invalid due to alleged non-compliance with the electoral regulations.

Election of 2 reps nullified, rerun ordered in 2 Katsina constituencies

However, the National Assembly and State House of Assembly Election Petition Tribunal in Katsina State has nullified the election of two members of the House of Representatives and declared elections in two other constituencies inconclusive.

The tribunal led by Hon. Justice O. Ogunfowora, nullified the election of Aminu Ahmadu Chindo of the Peoples Democratic Party (PDP), representing Katsina Central Federal Constituency.

The court held that the 1st petitioner, Sani Aliyu, was returned as elected member representing Katsina Central in the House of Representatives and awarded a cost of N200,000 to the 1st and 2nd respondents in favour of the petitioner.

In a petition filed by Sani Danlami against the election of Aminu Ahmadu Chindo, with PDP and INEC as other respondents, the petitioner accused the first respondent of presenting a forged primary school testimonial, which the court said the defendant had failed to prove that he had actually attended the then Kofar Soro Primary School.

Similarly, the court nullified the return of the member representing Kankia/Kusada/Ingawa Federal Constituency, Ismail Dalha of the PDP, on the ground that he presented a forged primary school certificate.

The tribunal ordered INEC to issue a certificate of return to Hon. Abubakar Yahya of the APC who came second in the election with 31,017 votes.

In a related development, the tribunal earlier declared as inconclusive the Kankara/Faskari/Sabuwa Federal Constituency election where the APC candidate, Hon. Dalhatu Shehu Tafoki, challenged the victory of Hon. Mohammed Jamilu of the PDP, who was returned by INEC.

The court ordered for fresh elections in some polling units and supplementary election in other polling units of the constituency.

Similarly, the tribunal declared inconclusive the Batsari/Safana/Danmusa Federal Constituency election where the APC candidate, Ahmed Zakka Abdulkadir, challenged the victory of Hon. Iliyasu Abubakar of the PDP, who was returned by INEC and ordered for fresh elections in some polling units and rerun in other polling units of the constituency.

Jigawa court orders rerun in Birnin Kudu/Buji constituency

Also, the National Assembly Election Petition Tribunal in Jigawa State, has declared the House of Representatives election in the Birnin Kudu/Buji Federal constituency inconclusive.

The Independent National Electoral Commission (INEC) had declared Adamu Yakubu, of the People’s Democratic Party (PDP) winner of the poll. He scored 39,998 votes.

Mr Yakubu defeated the APC candidate, Magaji Da’u, who scored 36,735. Mr Da’u challenged the outcome of the election at the tribunal.

On Saturday, the election petition tribunal said the election ought to have been declared inconclusive at the first instance because the margin of canceled votes outnumbered the winning votes.

The chairperson of the tribunal, A. Okeke, ruled that INEC did not comply with the provisions of the Electoral Act 2022, in declaring the result and ordered a re-run in eight polling units both in Birnin Kudu and Buji LGAs within 90 days.

Kano NNPP rep sacked, APC’s Kwankwaso, Tsanyawa returned

Meanwhile, the National and State House of Assembly Election Petition Tribunal sitting in Kano has voided the election of Yusuf Umar Datti of the New Nigeria Peoples Party (NNPP) and returned Musa Iliyasu Kwankwaso of the All Progressives Congress (APC) as member-elect for Kura, Madobi, Garun Malam Federal Constituency.

The three-man panel led by Justice Ngozi Flora Azinge sacked Datti for having not resigned from Bayero University, Kano, 30 days before the election.

Justice Azinge consequently ordered INEC to set aside the certificate of return earlier issued to Datti and declared Musa Iliyasu Kwankwaso as winner of the election having scored the  second highest votes during the election held on 25th February, 2023.

Similarly, the panel has affirmed the election of Engr. Sani Bala Tsanyawa of APC against the claims of Abdullahi Safiyanu Muhammad of NNPP that Kunchi and Tsanyawa Federal House of Representatives election held on the 25th of February, 2023 was marred by irregularities and non-compliance with the Electoral Act, 2022.

Justice Azinge said the three witnesses presented by the petitioner lacked cognitive values, adding that the court, “found contradictions and discrepancies in the testimonies of PW1, PW2 and PW3 respectively.”

She averred that, it is the duty of the petitioner not only to show but to demonstrate to the tribunal that the respondent didn’t score the majority of the votes cast during the election adding that he who asserts must prove.

“This petition is hereby dismissed for lacking in merit. All parties should bear their own costs,” Azinge upheld.

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