Tribunal dismisses petition challenging election of Kogi lawmaker

The election petitions tribunal sitting in Lokoja, Kogi, has dismissed the petition challenging the election of Alhaji Abdullahi Zakari representing Ankpa II constituency in the state House of Assembly. 

Justice Celine Nweke, chairman of the tribunal, in a judgment in Lokoja on Thursday, held that the petitioners, Alfa Momoh-Rabiu and the All Nigeria Peoples’ Party (ANPP) failed to prove culpability of the respondents. 

Nweke said that in deciding the petition, which had Zakari, PDP, INEC and the Returning Officer as respondents, the tribunal formulated five issues for determination after studying submissions of the counsel in their written addresses.

The issues, she said, included whether the petition should not be dismissed for being abandoned, having been incompetently signed and whether the election of the first respondent was voided by reason of widespread malpractice. 

Others, she said were whether the election was invalid by reason of corrupt malpractice and non-compliance with the provisions of the Electoral Act 2010 (as amended). 

Whether it was proved that the petitioner won majority of lawful votes cast at the election to entitle him to the relief being sought part of which was to declare him winner of the election, she added. 

With the exception of the first issue, which was resolved in favour of the petitioners, the rest four issues went the way of the respondents as the tribunal held that, “Justice is never based on speculations or conjectures.”

Nweke said that though Ishaq Momoh-Rabiu signed the petition while the petitioner was Alfa Momoh-Rabiu, the solicitor’s signature and stamp rectified the anomaly and sufficed the petition. 

On allegation of corrupt practice, she said the voters’ register tendered by the petitioners alleging malpractice in eight polling units were for the Presidential election and not the state assembly elections. 

In all, she said, the petitioners failed to discharge the burden of proof required to prove the allegations, adding that the documents the petitioners relied upon did not help their case. 

“The tribunal therefore has no alternative than to dismiss the petition and the return of Zakari Abdullahi Jibo as winner of the election into Kogi State House of Assembly is hereby upheld,'' the tribunal chairman said. (NAN)