From Yakubu Busari, Jos
Victorious Abubakar and Fwange
The National/State House of Assembly Election Petition Tribunal sitting in Jos, Plateau on Monday upheld the election of three lawmakers in the state House of Assembly, Hon Ibrahim Baba-Hassan, (APC-Jos North-North) Hon. Abubakar Mohammed (APC-Qua’an Pan South), Hon. Balance Fwangje (PDP-Mangu South), while dismissing the petition filed by Mr Habila Milaham of the APC.
The Peoples Democratic Party (PDP) and its candidate Mrs Zainab Dogo had petitioned the tribunal challenging the outcome of the March 9 re-run State House of Assembly election, alleging that election was marred with irregularities ranging from over voting and non- compliance with the Electoral Act. The case was against Abubakar Mohammed of the APC.
They prayed the tribunal to declare Dago as winner or order a fresh election.
In a unanimous decision, the tribunal chairman, Justice Theophilus Nzeugwu, described the petition as incompetent and lacking in merit.
“Consequently, the petition, which is incompetent, is hereby dismissed for lack of merit,” he said.
The second arm of the tribunal, chaired by Justice Joy Nwoye, also upheld the election of Mr Balance Fwangje (PDP-Mangu South), dismissing the petition filed by Mr Habila Milaham of the APC.
Delivering judgment, Justice Nwoye, said that Milaham and his party, could not prove the allegations of corrupt practices and non- compliance with the Electoral Act labelled against Independent National Electoral Commission (INEC) and PDP in the March 9 re-run election.
Milaham had challenged INEC’s declaration of Fwangje as winner of the election on grounds that the election was marred with corrupt practices and non -compliance with the provisions of electoral laws.
He asked the tribunal to either declare him winner or order for a fresh election in areas affected by irregularities.
While upholding Fwangje’s victory, the tribunal held that the petitioners woefully failed to prove all the allegations raised and described the petition as “incompetent “ and “lacking in merit.”
In the case against Hon. Baba-Hasan, Justice Theophilus Nzeugwu, the Chairman, described the forgery allegations against the Plateau lawmaker as “frivolous “ and “unsubstantiated and baseless allegations with a mire fabrication of lies unproven by the petitioner.”
Barr Munnir Abdullahi-Barau, of the PDP as the candidate in the 2019 State House of Assembly elections and his party had urged the Tribunal to quash the election of Baba-Hassan and order for a fresh election in Jos North Constituency.
They contended that Baba-Hassan forged his University of Jos Diploma certificate in Business Administration and his election was possible because of over voting, vote buying, alterations of results ,mutilated of results sheets in 14 polling units in Jos North North Constituency and non- compliance to Electoral Act .
According the Judge, “the burden of proof squarely rest with the petitioners and until they prove their allegations beyond reasonable doubt, none can stand.
“By section 139 of the Evidence Act, the issue of forgery, which criminal in nature must be proved beyond reasonable doubt otherwise it shall have no leg to stand before any competent law court or this tribunal”.
“It’s unfortunate that the petitioners could not prove their case of against Baba-Hassan as expected of them therefore the issues for determination before us are hereby resolved in favour of the respondents”.
“Consequently, this petition is lacking in merit and is hereby struck out and dismissed in its entirety, “ Nzeugwu declared.
Addressing newsmen shortly after judgment, Baba-Hassan, expressed gratitude to God for the victory granted to him at the tribunal as he dedicated the victory to the good people of Jos North, North constituency.
The lawmaker said that with the case coming to an end Monday, Sept. 23, he could concentrate on how he could serve the people in his constituency better.
According to him, “today’s victory is the victory of the people of my constituency and Plateau as a whole toward our collective growth and developmental strike.”
