Tribunal upholds Yakowa’s election

Written by Duncan Friday, 14 October 2011

The gubernatorial election petition tribunal sitting in Kaduna yesterday upheld the election of Governor Patrick Ibrahim Yakowa of the Peoples Democratic Party (PDP) as governor of Kaduna State, dismissing the petition filed by the Congress for Progressive Change (CPC’s) candidate, Haruna Sa’eed.

It would be recalled that Sa’eed of the CPC had dragged Yakowa to court challenging his victory at the April polls, alleging that the elections were marred by electoral malpractices including multiple thumb printing, multiple registration and other irregularities.

Delivering judgment, which lasted for about four hours, the chairman of the tribunal, Justice Garba Kwajafa said that the petitioner anchored his case primarily on criminal malpractice. Kwajafa said that the petition was construed as the petitioner had failed to prove his case beyond reasonable doubt.

The tribunal also ruled that the documents tendered by the petitioner’s counsel, Adebayo Adeniyi, were merely dumped at the tribunal as the counsel had failed to call any witness to substantiate the content of the document.

Kwajafa dismissed the evidence of the three expert witnesses called by the petitioner on the ground that they were not qualified to be called experts as they lack basic knowledge of election matters.

Citing several past judgments, Justice Kwajafa said it was not the responsibility of the tribunal to analyze documents not supported by oral evidence.

The tribunal noted that the petitioner had failed to call the Independent National Electoral Commission (INEC), polling agents, returning officers or other parties to the election to testify or adopt the document he brought before it, saying that there was no evidence before the tribunal as to why the petitioner excluded these parties from testifying.

The tribunal chairman also stated that the evidence tendered by the three expert witnesses were not included in the original petition as part of the documents to be tendered, pointing out that what the petitioner pleaded was to subject the ballot papers to forensic analysis and to tender the forensic analysis and chart.

After reviewing the submissions of the parties involved in the petition and the testimonies of the witnesses, the tribunal said it was satisfied that the petitioner was unable to prove his case especially the one relating to ballot stuffing, electoral violence, lack of election, among others.

Reacting to the judgment, the CPC’s governorship candidate said that following the pattern of presentation, it was clear that the tribunal had compromised and erred, alleging that the judgment was decided ahead of yesterday.

“Without delay, we will not allow this miscarriage of justice to continue unabated. We will continue to pursue the case. Our lawyers are prepared and by the grace of God, the victory will come back to us,” Sa’eed said.

Sa’eed advised CPC supporters to continue to be law abiding, urging them to conduct themselves in the most mature manner, assuring that the CPC would reclaim its mandate.

In his own reaction, Governor Yakowa thanked all the party members and the people of the state for their support and patience, enjoining them not to relent in their efforts towards taking the state to a greater height.

Yakowa also pleaded with the residents of the state to continue to live in peace with one another, calling on the CPC candidate to come and join hands with him in developing the state.

While PDP chairman in the state, Ya’u Usman, expressed delight over the judgment, CPC’s Ahmad Yaro Coca-Cola alleged that the PDP bought the victory, assuring that the CPC would fight on.

Meanwhile, official activities in state were yesterday brought to standstill as most commissioners, political appointees, party chieftains, permanent secretaries and local government caretaker chairmen moved to the court premises and later to the Government House to celebrate the judgment.

Though there was no report of violence in any part of the state, security was however tightened across the state. Military check points adopted new method of thorough searching of vehicles while armed soldiers and mobile police stationed at strategic places, while police vans were going round the city centre with sirens. This was a part of the armoured police and military tankers that were feasible at the court entrance and other locations.

The state’s Commissioner of Police, Ballah M. Nasarawa, took charge of all security activities. Initially, journalists were barred from entering the court premises just as some dignitaries, including the court’s staff, were stopped at the gate. However, the security measures were later relaxed, which allowed journalists access into the court.

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