Lokoja — The Election Petition Tribunal set up to handle the petitions arising from the March 29, 2008 re-run gubernatorial election in Kogi state yesterday upheld the election of the state Governor, Alhaji Ibrahim Idris of the People's Democratic Party (PDP).

The All Nigeria People's Party (ANPP) candidate in the re-run election, Prince Abubakar Audu, had challenged the return of Idris by the Independent Electoral Commission (INEC) on grounds of electoral malpractice and irregularities, certificate forgery and non-compliance with the 2006 Electoral Act.

In a landmark judgment delivered by the Chairman of the tribunal, Justice Abdullahi Yussuf, which lasted over four hours, the tribunal dismissed the petition of the ANPP for lack of merit as it averred that the petitioner failed to provide concrete evidence before the tribunal that the election was marred by violence.

Justice Abdullahi Yussuf noted that based on the facts before the tribunal, there was no evidence that the petitioner reported any case of violence during the election to the police, INEC officials or any other security agency and as such the tribunal could not base its judgment on hearsay alone.

The tribunal equally dismissed claims by the petitioner that the March 29, 2008 re-run election was conducted without full compliance with the 2006 Electoral Act as it submitted that the petitioner saying "from our record, the petitioner also failed to produce material evidence that the election was not in compliance with the Electoral Act 2006 ".

Based on the foregoing, Justice Abdullahi struck out the prayer of the ANPP candidate, urging the tribunal to annul the re-run election as he held that the tribunal cannot act on speculations which were not backed up with evidence particularly as it relates to the election being marred by violence and thuggery.

Ruling on the allegation of certificate forgery leveled against Idris by the petitioner, Justice Abdullahi held that the evidence of the officials of the West African Examinations Council (WAEC) had absolved Idris of presenting forged certificates to INEC for the purpose of contesting the re-run election. Speaking further, the tribunal Chairman averred that the petitioner failed to prove the allegation of certificate forgery against Idris which according to him is a criminal offence beyond reasonable doubt as required by law and as such dismissed the claim. Consequently, Justice Abdullahi dismissed the petition in its entirety and upheld the election of Alhaji Ibrahim Idris as the duly elected governor of Kogi State having scored the highest number of lawful votes cast in the March 29 re-run governorship election.Reacting to the judgment, Counsel to the petitioner, Dr. Alex Iziyon (SAN) went philosophical saying, "there's victory in defeat" just as he urged the tribunal to expedite action on the release of the typed copy of the judgment for him to take necessary action.

Counsel to Governor Idris, Chief Pius Akubo, (SAN) noted that the judgment calls for celebration, adding that it is a veritable christmas and sallah present for the good people of the state.