The Kogi State Governorship Election Petition Tribunal has dismissed the petition of former governor, Idris Wada for lack of merit.
In her ruling on Tuesday, the
tribunal Chairman, Justice Halima Muhammad, upheld the election of Gov. Yahaya Bello of the All Progressives Congress, APC in the November 21, 2015 governorship election.
Reading her judgement, the judge said, “the tribunal having critically examined the conduct of the election, the petitioner has failed to prove his case. His petition lacks merit and legal competence.
“Therefore, Alhaji Yahaya Bello, is hereby declared winner of the Kogi election,’’ she said.
She ruled that Bello having participated in the primary election of the APC was qualified to contest the election.
She further ruled that since Bello participated in his party's primary election, he was the closest candidate the APC could have nominated to replace the late Abubakar Audu.
On the allegation of irregularities by the petitioner, Muhammad ruled that there was no evidence of irregularities during the election as alleged.
“The evidence of the PW1 and PW3 did not give this tribunal proof that there were the alleged irregularities at the polling unit during the election.
“The tribunal cannot attach probation to this evidence by the petitioner; therefore, the grounds of the petitioner were not in consonance with Section 138(1) of the Electoral Law.
“Going by the constitution, anybody can contest election if he is a Nigerian; and must have attained 35years of age.
“The PW2 also did not show proof of the petition as contained in the Evidence Act as an expert."
Finally, the judge ruled that votes cast during an election belong to the party and not the candidate as insinuated by the petitioner.
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