The National Assembly Election Petition Tribunal, sitting in Borno on Friday, affirmed the election of Dr. Midala Balami as the member representing Askira-Uba/Hawul federal constituency.
Delivering the judgement in Maiduguri, the three-man panel, under the Chairmanship of Justice M.E. Anenih, Justice A.I. Ityonyman, and Justice A.O. Adeniji, held that the petition brought before the tribunal lacked merit.
The Tribunal noted that the Petitioners did not discharge the burden satisfactorily because there was cancellation and no voting in the 11 Polling units, which the APC and its candidate, Mr. Asarya, claimed substantially affected the results declared.
According to the Tribunal, the second Respondent was qualified and validly sponsored to contest the election.
Specifically, the Tribunal held that the Petitioners did not prove the margin of lead principal having not led evidence on the Permanent Voters Card, PVCs collected in the alleged units.
The judgement affirmed that the Petition therefore lacks merit and is accordingly dismissed.
Dr. Balami is the only federal Lawmaker elected on the platform of the opposition Peoples Democratic Party, PDP, in Borno State during the February 25th, 2023 general elections, while all other positions contested were won by the ruling All Progressives Congress, APC.
Recall that the APC and its candidate, Mr. Tarpaya Asarya (1st and 2nd Petitioners) had earlier dragged the PDP, its candidate, Dr. Balami, and the Independent National Electoral Commission as 1st, 2nd, and 3rd Respondents to the tribunal, seeking nullification of the election and alleging that the result declared by the 3rd respondent in favour of the 2nd respondent is not a correct representation of the outcome of the election since elections were conducted in one unit and also cancelled in 10 registered and accreditated Polling booths/units across the two local government areas.
The petitioners further claimed that the result declared by the 3rd Respondent showed that the 2nd Respondent scored a majority of the votes cast with 28,203 votes, while the 2nd petitioner scored 25,383 votes, and the difference in votes between them is only 2,820 votes.
Meanwhile, our Correspondent observed that many supporters, including members of the Peoples Democratic Party (PDP), stormed the streets in Maiduguri and the constituency (Askira-Uba/Hawul) to celebrate the victory of Hon. Balami following the judgement.
Reacting to the judgement, Lead Counsel to Balami, Chief Titus O. Ashaolu (SAN), commended the tribunal for graciously and dispassionately delivering justice in favour of his client.
Other counsel to Balami include Tale Alabi, Esq., Gbenga A. Ashaolu, Esq., Ibrahim H. Ngada, Esq., and C. O. Richards, Esq.
Also responding to the judgement in a telephone call with our Correspondent, the 2nd Petitioner, Mr. Asarya said his clients will study the outcome of the judgement before taking any further action.
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