Aderogba George
Abuja – The National/State House of Assembly Election Petition Tribunal in Kogi on Monday upheld the election of Mr Haruna-Musa Idoko as elected member representing Idah State Constituency.
The tribunal, sitting at the Federal Capital Territory (FCT) High Court in Jabi, equally dismissed the petition filed by Mr Ukubile Ochijenu-Acharu of the People’s Democratic Party (PDP) for lacking in merit.
The News Agency of Nigeria (NAN) reports that Ochijenu-Acharu, the petitioner had dragged Idoko, APC and INEC before the tribunal for violating the provisions of the electoral law.
Ochijenu-Acharu had contested the April 11, 2015 State House of Assembly general elections with Idoko of the All Progressives Congress (APC).
NAN reports that due to the irregularities perceived in one of the polling units, Ogegele polling unit 003, the Court of Appeal, Abuja had in its judgment of Dec. 11, 2015, canceled the election and ordered a fresh one.
Following the Appeal Court judgment, a fresh election was conducted on Feb. 20, 2016, and another supplementary election on July 23, 2016, in that same polling unit.
The petitioner, Ochijenu-Acharu, had prayed the tribunal to cancel the whole election and order a fresh election.
The petitioner alleged that the elections of Feb. 20 and that of July 23 were distorted and fraught with violence throughout.
Ochijenu-Acharu alleged in his facts of issues for determination by the tribunal held that the nomination of the first respondent, Idoko was not in compliance with the electoral laws.
He contended that the documents presented by Idoko did not satisfy the provisions of the electoral laws.
The petitioner also informed the tribunal that INEC did not comply with all the orders given by the Court of Appeal in its judgment of Dec. 11, 2015.
Ochijenu-Acharu also contended that Idoko did not secure the highest majority of the lawful votes cast during the Feb. 20, 2016 and July 23, 2016 elections.
In her judgment, Justice Cathrine Nwobodo, the tribunal chairman upheld the election of Idoko as valid and totally in line with the provisions of the electoral laws.
According to Nwobodo, the 3rd respondent, INEC, also complied with the Court of Appeal judgment.
She declared that the Feb. 20, 2016 and July 23, 2016 elections were valid as against the view of the petitioner.
“This election tribunal has no jurisdiction to declare the petitioner the winner of the Feb. 20 and July 23 elections.
“The 3rd respondent fully complied with the provisions of the law as regards the elections, the signature of the returning officer attest to the fact that the elections were done in line with the law.
“It is a clear fact in the document before the tribunal that the petitioner restricted his supporters from participating in the election, he also intimidated voters from voting during the election,’’ Nwobodo said.
The tribunal chairman also said that the petitioner did not substantiate his allegation that INEC did not comply with the provisions of the electoral laws.
Nwobodo also said that the issue of the card reader raised by the petitioner was not weighty and that the testimonies of the petitioner’s witnesses contradicted each other.
The chairman said that there was no evidence or proof before the tribunal that there were malpractices or corruption cases during the election.
She held that the allegation by the petitioner that his people were not allowed to vote was also not established before the tribunal.
“The INEC administration officer testified in the document before the tribunal that he was not aware that any electorate was manhandled.
“We did not find any violence or harassment of voters in the evidence given before the tribunal.
“The petitioner did not also prove the allegation that the respondent hijack electoral materials such allegation are criminal in nature,’’ the panel chairman held.
Speaking outside the tribunal, Idoko thanked God for the judgment of the tribunal, adding that the judgment had affirmed the confidence reposed on the judicial system.
Idoko said that the judgment had also shown that judiciary was the last hope of the common man.