The National/House of Assembly Petitions Tribunal sitying in Yola, Adamawa State has dismissed a petition challenging the victory of the member representing Michika constituency at the assembly, Hon. Moses Yerima Zah.
The tribunal also awarded the sum of N150,000 cost in favour of Hon. Moses Yerima Zah against the petitioners, Hon. Luka Danbaba and the All Progressives Congress(APC).
Hon. Yerima of the Peoples' Democratic Party(PDP) who is the member representing Michika constituency at the Assembly was dragged before the tribunal by Hon. Luka Danbaba.
Hon. Danbaba had filed his petition on the 7th April, 2023 and joined the Independent National Electoral Commission (INEC), Hon. Moses Yerima and PDP as parties, alleging that Hon. Moses was not duly elected by the majority of lawful votes cast at the election.
The petitioner averred that the election at some polling units was marred by non compliance with the provisions of electoral act and prayed the tribunal to declare the votes arising from the affected polling units at unlawful.
He prayed the tribunal to declare that the registered voters at the affected polling units in the constituency exceeded 12, 733 margin between him and Hon. Moses; thereby, the election held on the 18th March, 2023 is inconclusive.
He also urged the tribunal to order the electoral empire to conduct supplementary election at the polling units where election was cancelled and where there was over voting, as well as order INEC to withdraw certificate of return issued to Hon. Moses.
In their separate replies to the petition, the respondents urged the tribunal to dismiss the petition in its entirety for lack of credible and convincing evidence that can sustain it.
Likewise, in his final written address, Hon. Moses told the tribunal that he was duly elected by the majority of lawful votes cast at the election, and that the totality of evidence tendered by the petitioners amounted to documentary hearsay.
Delivering judgement on the petition, a member of the panel, Hon. Justice Maryam Ahmed Sabo, held that the petitioners failed to plead and lead evidence to prove their allegations.
Justice Maryam declared that Hon. Danbaba cannot challenge the results of the election at the affected polling units which were duly signed by party agents including his agents.
She dismissed the petition in its entirety for lacking merit and subsequently awarded the cost of N150,000 in favour of the respondent against the petitioners.
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