The National and State House of Assembly Election Petitions Tribunal, sitting in Kaduna, on Wednesday dismissed the petition challenging the election of a member of the Peoples Democratic Party (PDP) into the House of Representatives, Simon Arabo.
The petition, filed by Mr Pius Bakan, the candidate of the All Progressives Congress (APC) in the March 28 election, sought for the nullification of the election on the grounds that the poll was characterised by over voting and massive disenfranchisement of eligible voters.
Mr Frances Kozah, counsel to the petitioner, prayed the tribunal to uphold the grounds for the petition and declare Bakan winner of the election based on total lawful votes cast that put Bakan ahead.
But, in the judgement delivered on Wednesday, Justice Amina Aliyu dismissed the petitioner’s allegation of disenfranchisement of voters.
According her, the petitioner and his counsel had failed to prove to the tribunal that voters were disenfranchised during the election.
“You have failed to present any witness to testify that he or she was accredited but prevented from voting,” Aliyu ruled.
However, the tribunal, confirmed the occurrence of over voting and cancelled the election results of four polling units, out of the 12 polling units where the petitioner alleged that over voting took place.
The affected polling units included Kuzamani L.E.A Primary School, with over voting of 30 votes, Fagen Rawa , three votes, Rahama L.E.A Primary School one vote and Makau, eight votes.
“Based on the provision of section 53 (2 )of the electoral act and regulation 28 of the approved guidelines and regulation for the conduct of the 2015 General Election, where over voting is found to have occurred in a polling unit, the result becomes null and void.
“Therefore the results of the affected four polling units are hereby cancelled, “she declared.
She however said that after deducting the number of votes of the affected polling units, Arabo remained the winner of the election with 26,046 votes over Bakan’s 25,685 votes.
Reacting to the ruling, counsel to the first and second respondents, Mr Elisha Kura, and that of the third respondent, Mr Reuben James, described the judgement as “victory for justice“.
