Jos North/North State Constituency: Tribunal affirms the election of Hon. Baba Hassan, dismisses Manir's petition.
By Joseph A Adudu
September 23, 2019
The National and State Assembly Election Petition Tribunal sitting in Jos on Monday affirmed the election of Hon. Baba Hassan of the All Progressive Congress ( APC), as member representing Jos North/North in the Plateau state House of Assembly and dismissed the petition of Barr. Manir Abdullahi Barau of the Peoples Democratic Party ( PDP).
The Independent National Electoral Commission ( INEC ), after the conduct of the state Assemblies election on 9 March, 2019, declared and returned Hon. Hassan as the duly elected member Jos North/ North, Platea state House of Assembly having fulfilled all the conditions required by the electoral umpire into the office. However, not satisfied with the decision of INEC, ( who is the 1st respondent) Barau and PDP ( Petitioners) approached the tribunal asking it to set aside the decision of the 1st respondent.
Consequently, the petitioners prayed among other things for a declaration that the affidavit contained false information of fundamental nature; that the 2nd respondent was not qualified to contest for the election in 2019 as result of false information given to the 1st respondent; An Order nullifying the election and declaration of the 2nd respondent as the winner of the election into the House of Assembly Jos North/North state constituency conducted by the 1st respondent and withdrew the Certificate of Returned given to the 2nd respondent by the 1st respondent; An Order compelling the 1st respondent to conduct fresh re- run election and, an Order to stop the 2nd respondent from participating in the re- run.
The 2nd respondent in his response however, submitted that the petitioners were not entitled to the reliefs sought and urged the tribunal to dismiss the petition.
During hearing, the petitioners called 4 witnesses and presented 12 exhibits; the 2nd respondent called 3 witnesses and presented 17 exhibits while the 1st respondent did not call any witness nor presented any evidence. Likewise the 3rd respondent ( APC).
After exchange of processes, Counsels for the petitioners and the respondents finally adopted their Final Written Addresses on 2 September, 2019.
In its judgment on Monday, the tribunal expunged several exhibits and paragraphs in the petitioners' replies to replies to both 2nd and 3rd respondents replies to the petitioners petition.
Further more, the tribunal held that going by section 135 of the penal code, forgery is a criminal offence. However, the tribunal held that though the petitioners claimed that the 2nd respondent presented forged Diploma Certificate from the University of Jos, to the 1st respondent could not proved beyond reasonable doubt how the said certificate was forged. More so that the 1st respondent, who is the electoral umpire maintained that the 2nd respondent fulfilled all the requirement set out by it as prerequisite qualification for the contest. Adding that Also, the investigation conducted by the Nigerian Police on the issue of the Certificate forgery exonerated the 2nd respondent from that act as the Police officer who investigated the 2nd respondent Inspector Sunday Baba testified before the tribunal that at the end of the Police investigation, the 2nd respondent was not found culpable of Certificate forgery.
The tribunal also faulted the petitioners for not presenting before it, series of documents relating to the alleged forgery and could also not call some personalities to clarify some knotty issues regarding their allegation. For instance, the tribunal wondered why the petitioners failed to called Barr. Dandam, the former Registrar of the University of Jos who through exhibit 9 confirmed that the 2nd respondent did attend, graduated and was conferred with a Diploma Certificate in Business Administration.
The tribunal further held that most importantly, the petitioner having alleged Certificate forgery by the 2nd respondent, ought to have presented before the tribunal, the original copy of the alleged forged Certificate for comparison which they also failed to do.
In the light of the above, the tribunal ruled the 2 issues raised in the petition in favour of the 2nd respondent and against the petitioners. The tribunal further held that the 2nd respondent did not lie on oath. In all, the tribunal held that the petitioners did not prove their case beyond reasonable doubt and dismissed same for lacking in merit.
Details of the judgement would be published soonest.
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