Nigeria: Tribunal Sacks 2 Katsina Reps, Declares Election of 2 Others Inconclusive

10 September 2023

The National Assembly Election Petition Tribunal in Katsina has nullified the victories of two members of the House of Reps and declared two others inconclusive.

In its judgement, the tribunal led by Hon. Justice O. Ogunfowora, held that "return of the 1st respondent, Aminu Ahmadu Chindo of the PDP, as member Katsina Central Federal Constituency, Katsina State of the House of Representative is hereby nullified and set aside."

The judges also held that the first petitioner, Sani Aliyu, was thereby returned as member Katsina Central Federal Constituency of the House of Representatives and a cost of N200,000.00 was awarded to the first and second respondents in favour of the petitioner.

In a petition filed by Sani Danlami against the declaration and return of Aminu Ahmadu Chindo, with PDP and INEC as other respondents, the petitioner accused the first respondent of presenting a forged primary school testimonial, which the court said the defendant had failed to prove that he had actually attended the then Kofar Soro Primary School.

Explaining the judgement, the lead counsel to Hon. Sani Danlami, Earnest Obunadike, said the petition was predicated on the fact that by the provision of section 66(1)(i) of the 1999 constitution (As amended), presentation of false certificate to INEC is a disqualifying factor for any person vying for either a Reps member or as a Senator.

Similarly, the court had nullified the return of the member representing Kankia/Kusada/Ingawa federal constituency, Ismail Dalha of the PDP on the grounds that he presented a forged Primary School Certificate.

The tribunal ordered the INEC to issue a certificate of return to Hon. Abubakar Yahya of the APC who came second in the election with 31,017 votes.

In a related development, the tribunal had earlier declared as inconclusive the Kankara/Faskari/Sabuwa federal constituency election result, where the APC candidate, Hon. Dalhatu Shehu Tafoki, challenged the victory of Hon. Mohammed Jamilu of the PDP, who was returned by INEC.

The court ordered for fresh elections in some polling units and supplementary election in other polling units of the constituency.

One of the counsels to the petitioners, Barrister, Sagir Tahir, explained that while over voting was recorded in some polling units, voting did not take place in others, hence the court applied lead of margin principle and ordered for supplementary elections so as to ensure that no eligible voter was disenfranchised.

Similarly, the tribunal had declared as inconclusive the Batsari/Safana/Danmusa federal constituency election result, where the APC candidate, Ahmed Zakka Abdulkadir challenged the victory of Hon. Iliyasu Abubakar of the PDP, who was returned by INEC.

Here also, the court ordered for fresh elections in some polling units and rerun in other polling units of the constituency.

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