By Inusa Ndahi, Maiduguri
The National Assembly Election Petition Tribunal, sitting in Maiduguri, the Borno State capital, on Friday upheld the election victory of Dr. Midala Balami, a member of the House of Representatives representing Askira-Uba/Hawul federal constituency.
Dr. Balami is the only federal Lawmaker elected on the platform of the opposition Peoples Democratic Party, PDP, in Borno State during the February 25th, 2023 general elections, while all other positions contested were won by the ruling All Progressives Congress, APC.
Recall that the APC and its candidate, Mr. Tarpaya Asarya – first and second petitioners – had earlier dragged the PDP, its candidate, Dr. Balami and the Independent National Electoral Commission, INEC as first, second and third repondents to the tribunal, seeking the nullification of the election, alleging that the result declared by the third respondent in favour of the second respondent is not a correct representation of the outcome of the election, since elections was not conducted in one unit and also cancelled in 10 registered and accreditated polling booths/units across the two local government areas.
The petitioners further claimed that the result declared by the third respondent showed that the second respondent scored a majority of the votes cast with 28,203 votes, while the second petitioner scored 25,383 votes and the difference in votes between them is only 2,820 votes.
Delivering judgment, the three-man panel, led by Justice M.E Anenih, with Justices A.I. Ityonyman and A.O. Adeniji as members, held that the petition brought before the tribunal lacked merit.
The tribunal also held that “the second respondent was qualified and validly sponsored to contest the election.
It also held that the petitioners did not discharge the burden of proof satisfactorily that there was cancellation and none voting in the 11 polling units which the APC and its candidate, Mr. Asarya, claimed has substantially affected the results declared.
Specifically, the tribunal held that the petitioners did not prove the margin of lead, principally, having not led evidence on the Permanent Voters Card, PVCs, collected in the alleged units.
To this end, the tribunal averred that the petition therefore lacked merit and is accordingly dismissed.
Meanwhile, our correspondent observed that many supporters, including members of the PDP stormed the streets in Maiduguri and the constituency – Askira-Uba/Hawul – to celebrate the victory of Hon. Balami following the judgement.
Reacting to the judgment, the lead counsel to Balami, Chief Titus O. Ashaolu, SAN, commended the tribunal for graciously and dispassionately delivering justice in favour of his client.
Other counsels to Balami including: Tale Alabi, Esq, Gbenga A. Ashaolu, Esq, Ibrahim H. Ngada, Esq, and C. O. Richards, Esq.
Also responding to the judgment in a telephone chat with our correspondent, the second petitioner, Mr. Asarya, said, his clients will study the outcome of the judgment before any further action.
