ABUJA– The Court of Appeal sitting in Abuja, on Friday, declined to sack the member of the House of Representatives for Askira-Uba/Hawul Federal Constituency of Borno State, Dr. Midala Balami.
They argued that the apex court nullified a previous primary poll the PDP held in the constituency, which initially produced Adamu Yerima as it candidate and ordered that a fresh one should be conducted within 14 days. They told the tribunal that whereas election was cancelled in 10 polling units in the constituency due to malfunctioning of the Bimodal Voter Accreditation System, BVAS, machines and violence, election did not hold at all in one polling unit.According to the petitioners, in view of the margin of lead principle, INEC should not have declared a winner since the total number of votes from the affected polling units was capable of ensuring their victory.
It held that the case of the petitioners contained pre-election issues that were not within the purview of an election petition tribunal. that under section 285 of the 1999 Constitution, as amended, the tribunal had a special jurisdiction to only determine whether anyone was validly elected. It held that contrary to claim by the Appellants, INEC, confirmed that results were cancelled in only five polling units in the constituency.
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