The election of the member representing Mashegu Constituency of the Niger State House of Assembly, Isah Alhassan Kaboji of the All Progressives Congress (APC) has been nullified by the Justice Angela Otaluka led National and State Assembly Election Petition Tribunal in Minna.
Justice Angela Otaluka further ordered for a re-run election into twenty five polling units in the Constituency within the next ninety days and the first respondent has been disqualify to contest the re-run Election.
Similarly, the tribunal ordered for the withdrawal of the certificate of return issued to the first respondent by the third respondent (INEC).
Mohammed Jiya of the People Democratic Party (PDP) had approached the tribunal on three grounds alleging that the respondent is not qualified to contest the 18 March 2023, governorship and state Assembly election, over voting and the respondent forged his credentials that he filled in form EC 8 of the Independent Election Commission (INEC),
According to the Petitioner, the election of the First respondent was characterized with unprecedented irregularities in virtually all the polling units of the Constituency in the election conducted on the 18 of March 2023
The petitioner further requested the tribunal to nullify the election on the ground that the respondent forged the credentials he used in the contest of the March 18 2023 election and the Election is 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 is not in compliance with the provision of the Electoral act 2022.
The petitioner also requested the tribunal to disqualify the respondent on the premises of using a falsified documents to contest the 18 March 2023 Election arguing that the National Examination Council (NECO) and the West Africa Examination Council ( (WAEC) Issued to the second respondent was full of inconsistence .
In the pre-hearings trial of the petition, counsels to the both parties, a total of twenty nine exhibits and evidences as well as witnesses were presented in the tribunal which were all admitted.
Justice Angela Otaluka while reviewing all the evidences exhibits and testimonies of the witnesses she asserted that the petitioner was able to established all the evidences tendered against the second respondent beyond the conviction of the tribunal and the petition has stand the taste of time.
Citing various legal authorities to arrived at the Judgement, she averred that the petitioner has proved his allegations beyond the reasonable doubt” and the petition is hereby confirmed and the election of the second respondent, Alhassan Isah Kabboji is hereby nullified.
“The first respondent ( INEC) is hereby ordered to conduct a re-run Election into twenty Five polling units of Mashegu local government area within the next ninety days of this Judgement.
“The second respondent is not qualify to contest the re-run Election and a total of Six hundred thousand naira is awarded as a cost to the petitioner” Justice Angela Otaluka asserted.
