The National/ House of Assembly Election Petitions Tribunal sitting in Yola, Adamawa State on Wednesday, dismissed petition against the member representing Gombi constituency at the House of Assemnly, Hon. Japhet Kefas.
The three-man justices, in a unanimous judgment, stated that the candidate of the APC, Hon. Rufai Umar failed to provide substantial evidence to prove the case.
In his petition filed on the 4th April, 2023, Hon. Rufai Umar alleged that the election which saw Hon. Japhet Kefas of PDP emerging the winner was not in substantial compliance with the Electoral Act and sought for its nullification.
He alleged that Hon. Japhet was not elected by the majority of lawful votes cast at the election for Gombi constituency conducted on the 15th April, 2023, urging the tribunal to invalidate the election.
Hon. Umar told the tribunal that the exercise was marred by irregularities such as over-voting, non-stamping and signing of results sheets, unauthorised alteration and cancellation, inconsistencies in enteries of relevant result forms.
He further alleged that there were irregularities at units 002, 010 Boga/Dingai Registration Area/Ward, units 001,015, Ga'ada Registration Area/Ward and unit 017 Gombi South Registration Area/Ward.
The erstwhile legislator said that there were irregularities at units 012, 015 and 017 of Guyaku Registration Area/Ward, units 007, 012, 001, 004, 006, 007, 008 and 009 of Yang Registration Area/Ward.
In his reply to the petition dated 25th May, 2023, Hon. Kefas, averred that he was not wrongly returned as winner of the election, arguing that he was duly returned as winner of the election having polled the highest number of lawful votes cast.
Hon. Japhet explained that the election is valid as it was conducted in substantial compliance with the Electoral Act 2022, and other relevant laws, saying that no person was allowed to vote without properly accredited using the BVAS machines and having name ticked in the voter register.
According to him, his returned was not based on the improperly computed results but were properly computed as required by law, saying that there were no objections whatsoever from agents of political parties as they had accepted the results at various polling units and signed them.
Hon. Japhet Kefas told the tribunal that the petitioner did not disclose a reasonable cause of action, saying that the petitioner is not entitled to any of the relifs sought and prayed the tribunal to strike out the petition.
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