APPEAL COURT UPHOLDS TRIBUNAL'S JUDGMENT ON FORMER SPEAKER ADHA

Court of Appeal holden at Yola, the Adamawa State capital has today upheld the judgement of the Election Petition Tribunal recently passed on a petition against former Speaker State House of Assembly and Member representing Yola South Constituency, Rt. Hon. Kabiru Mijinyawa.

The Appeal Court held that the appellant, Hon. Adamu Baba Mustafa, failed to prove his allegations of irregularities and malpractices, and therefore affirmed the judgement of the Tribunal, dismissing the case for lack credible evidence.

It could be recalled that Hon. Mustafa, Candidate of the Peoples Democratic Party(PDP) for Yola South Constituency for state assembly, had earlier dragged the incumbent Member representing the constituency who won election under the platform of the All Progressives Congress(APC) to Tribunal, challenging his election.

Hon. Mustafa, instituted the suit on grounds that the election of the Rt. Hon. Mijinyawa, was characterised by over voting, alteration of result, lack of accreditation and failure to use card reader.

He told the court that the respondent was not duly elected by majority of registered voters, and  prayed it to declare the election null and void and order for rerun or be declared winner and issue with certificate of return.

In its judgement, the Tribunal presided by Justice Suleiman Akanbi, struck out the petition for lack of what he described as credible and convincing evidence to prove his case, dismissing the petition for lack of merit.

But Hon. Mustafa, who was not satisfied with the verdict, decided to seek for justice at the Appeal Court; hence, appealing the decision of the lower court for review by Appellate Court.

Delivering his judgement today, Justice J. S. Abiriye, one of the Appeal Court Judges, declared that for appellant to prove over voting in favour of the 1st respondent, he must tender the voters register, statement of result in its appropriate forms.

Justice Abiriye added that the appellant could not be able to convince the court on his allegation of over voting said to have marred the exercise, and therefore upheld the judgement of the Tribunal on the validity of the election of the former Speaker.

Reacting on judgement, Counsel to the Appellant, Barr. Sunday Wugira, said there must be a finality to every case, saying they have lost it, and that they will abide by the court's verdict.

Also speaking, one of the Counsels to the 1st and 2nd respondents, U. B. Ismaila, said that the court has confirmed that the election for Yola south constituency was conducted in compliance with electoal act.

He disclosed that the Independent National Electoral Commission (INEC) has the right to determine which form should be used, and that any form that has been used by the electoral body based on the provision of the electoral act is valid.

Barr. Ismaila, added that the court has confirmed the powers of INEC to use any form, congratulating his client, his electorate as well as Nigerians for the victory.