The Borno National and State Houses of Assembly elections
petition tribunal on Tuesday, reserve judgment in a suit
challenging the election of Sen. Mohammed Ndume.
Malam Kudla Satumari and his party, the Peoples Democratic Party
(PDP) on March 15, filed a petition with number EPT/BO/SEN/1/2019
before the tribunal.
They are challenging the declaration of Ndume of the All
Progressive Congress (APC) as winner of the Borno South Senatorial
District conducted on Feb. 23, 2019.
APC and Independent National Electoral Commission (INEC) were
also joined in the suit.
Justice Peter Kekemeke, Chairman of the tribunal adjourned for
judgment after parties adopted three final written addresses.
He added that parties would be communicated appropriately.
Mr Marcel Oru, counsel for Ndume, submitted that it was of no
use to allow the tribunal to go through the voluminous documents
brought by the petitioners.
He said that the tribunal is not here to investigate but to
adjudicate and no matter how beautiful a final address, it can not
stand without evidence.
He therefore urged the tribunal to discountence the
petition.
Counsel for APC , Mr Yusuf Ali, SAN urged the tribunal to give
the petition a decent burial.
He said out of the 1,305 polling units in the district, the
petitioners were challenging 119 units if the results of 119 units
were given to them would not poll the desired number of votes.
He said out of the 14 witnesses called none was a polling unit
agent none was present at the polling unit and only based their
evidence on second hand information.
Ali therefore urged the tribunal to discountence the petitioners
petition.
Counsel for INEC Oluwafemi Ademola adopted their final written
addresses also.
Mr Phillip Kyelek in his submission urged the tribunal to
examine and evaluate the exhibits before it and pass the judgment
in the favour of the petitioners.
He said all the issues raised by the Respondents were answered
in the final address.
In the petition made available to News Agency of Nigeria (NAN),
Satumari averred that the election was marred by corrupt practices
and non- compliance with provision of the Electoral Act.
He therefore, sought the order of the tribunal for cancellation
of the election and for INEC to conduct fresh election for the
Senatorial District within 90 days.
Responding, Ndume in his reply to the petition made available to
NAN also, denied the allegations in most of the paragraphs of the
petition.
In his reply filed on April 10, he argued that the said Borno
South Senatorial election was free and fair and not fraught with
irregularities and non- compliance with the Electoral Act.
Ndume denied the allegations and averment contained in the
petition and demanded the petitioners for strict proof in
accordance with the law to the extent of their materiality to the
petition.
He therefore, averred to prove during trial that the petition
was defective, incompetent for the compliance of the Electoral
Act.
Similarly, the petition filed by Mohammed Abdullahi and PDP
challenging the election of Aji Kolo Khadi of APC into the State
House of Assembly representing, Jere Local Government was also
taken.
Parties adopted their final written addresses and judgment also
was reserved.
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