Tribunal affirms the election of
Lalong, dismisses Useni's petition.
By Lovins Yakubu
October 02, 2019.
The Governorship Election Petition Tribunal sitting in Jos on
Wednesday affirmed the election of Rt. Hon. Simon Bako Lalong as Governor of
Plateau state.
After the conduct of the governorship election on 9 and 23 March,
2019, the Independent National Electoral Commission (INEC) or 1st Respondent
declared Lalong of the All Progressive Congress, APC (who are also 2nd
and 3rd Respondents respectively)
the winner. Not satisfied with the decision of 1st respondent, Gen. Jeremiah
Timbut Useni and the Peoples Democratic Party (PDP) who are 1st and 2nd
petitioners filed a petition before the tribunal on 13 April, 2019 challenging
the decision of the 1st respondent. Some of the grounds in the petition
was that the 2nd Respondent was not qualified to contest the election because
he made false information in form CF001 (which is an affidavit) submitted it
to the 1st Respondent which was fundamental in nature and that the election
which saw the emergence of the 2nd Respondent was characterized with corrupt
practices and did not meet the requirements spelt out in INEC Guidelines, rules
and regulations.
From Left: Chief Odey and Chief Benson at the tribunal today |
During hearing, the petitioners called 71 witnesses and tendered
220 exhibits to established over voting, alteration of results and mutilation
of result sheets among other issues. The 1st Respondent
did not call any witness nor tendered any exhibit while the 2nd and 3rd
Respondent called 5 witnesses, 95 exhibits and 13 witnesses, 2 exhibits
respectively.
On 30 July, 2019, all parties concluded defence and closed their
cases. Also, adoption of Final Written Addresses was done on 30 August, 2019 by
all parties.
The Tribunal in its judgment read by the Chairman of the Panel,
justice Saaliman Halimat on Wednesday, dealt with issues raised and canvassed
by parties including the qualification of the 2nd Respondent to contest the election
vis- a- vis Form CF001; allegation of over voting, corrupt practices and non-
compliance with the Electoral Act.
In like manner, the Tribunal also considered all interlocutory
matters raised by counsels to the parties.
From Left: Dan Kwada of AIT and Joseph Adudu, Publisher of the African Drum at the tribunal on Wednesday |
The tribunal found as a fact that Governor Lalong did not give
false information of a fundamental in nature in aid of his qualification. The
Tribunal equally found as a fact that the GCE Certificate submitted along with
Form CF001 is that of the governor attached with other qualifications that were
submitted. To that extend, the Tribunal validated the fact that Lalong was
qualified to contest the election.
From Right: Veteran Journalist and Publisher of City Watch Magazine , Hon Timothy Golu, former member House of Representatives at the tribunal |
With regard to various allegations bothering on criminality, the
Tribunal found as a fact that those allegations were not proved or
substantiated. With respect to over voting, only isolated instances were said
to have been proved by the petitioners. Even at that, Gov. Lalong still led by
46, 243 votes.
In the light of the above, the Tribunal held that the petitioners
failed to prove their case, consequently, the petition was dismissed.
Counsels to 2nd 3rd Respondent Pius Akubo (SAN) and Olusola Oke (SAN)
all commended the industry of the Tribunal in arriving of its verdict
while counsel to the petitioners, Edward Pwajok said " it's not over until
it's over."
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