Election of Member representing Mashegu nullified by the Election Tribunal in Niger.
Niger state Election tribunal sitting in minna has upturned the election of the member representing Mashegu state Assembly in the Niger State House of Assembly, Hon. Isah Alhassan Kaboji, of the All Progressives Congress (APC).
Justice Angela Otaluka who nullified the election further ordered that a re-run election into twenty-five polling units in the local government area be conducted within the next ninety( 90 ) days, while the first respondent has been disqualified to contest in the re-run election.
Further more the tribunal has ordered the withdrawal of the certificate of return issued to the first respondent by the third respondent, the Independent National Electoral Commission (INEC).
Mallam Mohammed Jiya of the Peoples Democratic Party (PDP) had filled a petition before the tribunal on three count alleging that the respondent was not qualified to contest the March 18, 2023, Governorship and State Assembly election, and that the respondent forged his certificates that he filled in Form EC8 of INEC.
According to the petitioner, the election of the first respondent was characterised by irregularities in virtually all the polling units of the constituency.
He further requested the tribunal nullify the election on the ground that the respondent forged the credentials he used in the contest of the election and the election was not in conformity with the Electoral Act 2022.
He equally claimed that some of the ballot papers were not signed and stamped by the Electoral Officer of Mashegu local government, which, according to him, rendered the election invalid as it was not in compliance with the provisions of the electoral act.
The petitioner also requested the tribunal disqualify the respondent on the premises of using falsified documents to contest the election, arguing that the National Examination Council (NECO) and the West African Examinations Council (WAEC) issued to the second respondent were full of inconsistencies.
In the pre-hearings trial of the petition, a total of 29 exhibits and evidence, as well as witnesses, were presented to the tribunal, which were all adjudicated.
Justice Angela Otaluka, while reviewing all the evidence, exhibits, and testimonies of the witnesses, asserted that the petitioner was able to establish all the evidence tendered against the second respondent beyond the conviction of the tribunal, and the petition has stood the test of time.
Citing various legal authorities to arrive at the judgement, she averred that the petitioner has proved his allegations beyond a reasonable doubt; hence, the petition was upheld and the election of the second respondent, Alhassan Isah Kabboji, was nullified.
“The first respondent (INEC) is hereby ordered to conduct a re-run election in 25 polling units of Mashegu Local Government Area within the next 90 days of the judgement.
“The second respondent is therefore not qualified to contest the re-run election, and a total of N600,000 was awarded as a cost to the petitioner,”
