Tribunal Upholds Kano APC Rep’s Election, Abdulmumin Jibrin ; PDP Loses

The National and State Legislative Houses Elections Petition
Tribunal in Kano has affirmed the election of Hon. Abdulmumin
Jibrin of the All Progressives Congress (APC) as the winner of the
Bebeji/Kiru federal constituency of Kano State in the February 27,
2019 elections.

In a unanimous judgment, the tribunal chaired by Hon. Justice
Nayai Aganaba with Hon. Justice Ashu Augustine Ewah and Hon Justice
Mustapha Tijjani as members unanimously dismissed the petition
filed by Aliyu Datti Yako and the People’s Democratic Party (PDP)
challenging the victory of Jibrin as the winner of the said
election. The tribunal held that the petitioners failed to prove
the allegations as contained in their petitions against the
respondents.

Yako and his party, PDP had dragged Hon. Jibrin, his party, APC
and the Independent National Electoral Commission (INEC) before the
tribunal, challenging the result of the Bebeji/Kiru federal
constituency election over alleged irregularities. The APC and INEC
were second and third respondents respectively.

Yako had alleged that INEC wrongly declared Hon. Jibrin as the
winner of the polls with 41,700 votes, while he was said to have
scored 40,385 votes. In the petition filed before the tribunal on
his behalf by his counsel, Chief M. N Duru, the PDP candidate
alleged that the result declared by INEC was fraught with
vote-buying, violence, over-voting, inducement of voters with
monetary and material gains, campaigning and lobbying voters, on
the day of election.

He claimed that the INEC ought to have declared him (Yako), the
winner of the election instead of Jibrin, claiming that he scored
the highest lawful votes cast in the election. Yako alleged that
the election and return of Hon. Jibrin was invalid by reason of
substantial non-compliance with the provisions of the Electoral Act
2010 (as amended) and Approved Guidelines and Regulations for the
conduct of 2019 general elections.

According to him, the election and return of Jubrin was invalid
by reason of corrupt practices, which vitiated the election in the
Bebeji/Kiru federal constituency of Kano State.

The petitioner stated that contrary to the result declared by
INEC, he (Yako) won the majority of lawful votes cast and ought to
have been declared winner and returned as the duly elected member
for the House of Representatives for Bebeji/Kiru federal
constituency.

Other irregularities he stated in his petition, included
non-accreditation and/or improper accreditation of voters by INEC
officials, intimidation and arrest of his supporters and poll
agents, as well as the instigation of electoral violence by the
agents of the first respondent.

The petitioners claimed that apart from the listed
irregularities, there were irreconcilable entries in the result
declared and the number of votes recorded in favour of Hon. Jibrin
by INEC in forms EC8A and EC8B respectively. He also alleged
non-use of accredited card readers in line with the 3rd
respondent’s (INEC’s) guidelines and regulations for the conduct of
the election.

But in his defence, Hon. Jubrin, through his lead counsel, Bode
Olanipekun, SAN, debunked all the allegations contained in the
petition, adding that not only was the petition an incompetent one,
but that same was replete with errors, mistakes, misconceptions and
misrepresentations, all of which were individually and collectively
fatal to the petitioners’ claim.

Jibrin along with APC and INEC insisted that Jibrin scored the
highest lawful votes cast in the election and urged the tribunal to
dismiss Yako’s petition with substantial costs. They also submitted
that during cross-examination, Yako admitted that the election
process he personally witnessed was free and fair, and that all
incidences of malpractices complained about were reported to him by
others.

According to Jibrin and the other respondents, the petitioners
had not made any case whatsoever for the granting of reliefs sought
by them and urged the tribunal to dismiss the petition.

In their judgment, the tribunal came to various findings in
favour of the respondents and against the petitioners, ultimately
reaching a conclusion that the allegations against the election and
return of the 1st respondent, Hon. Jubrin were unproven.

The tribunal held that the petitioner failed to substantiate and
give particulars of all allegations raised against the election of
Hon. Jubrin and declared that the National Assembly elections from
which Hon. Jubrin was declared the winner valid.

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