…Says non – use of BVAS can’t invalidate polls result.
By Sadiq Abubakar, Abuja.
An Appeal tribunal sitting at FCT High Court, Apo Abuja, has set aside the judgement of the election petition tribunal which nullified the election of the incumbent chairman of Kuje area council, Abdullahi Suleiman Sabo of the over PDP over non use of INEC BVAS machine at some polling units during the election and affirmed Sabo as duly elected chairman of the council.
In a unanimous judgement by a members panel led by Justice Suleiman Belgore, on Friday, said the February 12 2022 are council election was conducted pursuant to the provision of the electoral Act 2010 as amended cannot be voided on the ground of non use of the INEC BVAS machine.
He said the entire provision of the electoral Act 2010 as amended has no provision for the use of INEC BVAS machine, saying it was only lauded and commendably provided in the manual issued by INEC but non compliance with the provision of the manual is not a ground for questioning or challenging an election an conducted pursuant to the electoral law.
According to him, the introduction of INEC BVAS machine is akin to introduction of card reader in an electoral process development.
“And it is our firm view that wether BVAS failed or not on election day is not to be questioned. We have no possible reason to depart from above view since this election was conducted pursuant to the provision of the electoral Act 2010 as amended not electoral Act 2022 which now provide for the use BVAS,” he said.
He added “In conclusion, we find merit in this appeal, hence, the judgement of the lower tribunal is therefore set aside and affirmed the declaration and returned of the appellant as the duly elected chairman of Kuje area council of the FCT,” he said.
Similarly, the appeal tribunal has also set aside the judgement of the lower tribunal which declared Haruna Audi Shekwolo, of the APC as winner of the February 12, 2022 chairmanship election in Bwari area council and affirmed the incumbent chairman of the council, John Gabaya of the PDP as the duly elected chairman of the council.
Justice Yusuf Halilu, a member of the three panel of judges who delivered judgement said the lower has failed in its own responsibility to properly evaluate the evidence adduced during the trial.
He added that the judgement of the trial tribunal was clearly against the weights of evidence adduced by the trial tribunal for failing to utilize the evidence elicited by the appellant before the court during cross examination of the 1st and 2nd respondent petitioners witnesses who testified at PW 6, PW 8 and PW 10, which he said can be found at pages 5, 2, 7 and 8 of the said record of appeal.
According to, failure of the 1st and 2nd respondents to tender register of voters of polling unit 008 and INEC form EC8A and statement of the two polling units as evidence has left the petitioner in a deep gap of credibility that APC actually scored 3,110 votes, which he said the trial tribunal computed and erroneously ascribed victory to the 1st and 2nd respondents.
“The trial tribunal relied on evidence of figures of votes which indeed dropped from the ceiling which were not supported by any documentary evidence to give judgement to the 1st and 2nd respondent,” he said.
“He, added that “the decision of the lower tribunal in this instance was reached in error considering the evidence adduced, which we have already looked at. The same judgement cannot stand in the eyes of man God. Therefore, this tribunal set aside the judgement of the trial tribunal and affirmed the election of John Gabaya of the PDP as duly elected chairman of Bwari area council,” he declared.
It will be recalled that an FCT petition tribunal which sat at Magistrate Court Wuse zone 2 Abuja, by a three members panel by Chief magistrate Muinat Olashade Oyekan had on August 30, 202 nullified the election of the John Gabaya of PDP as chairman of Bwari area and declared Haruna Audi Shekwolo of the APC as winner of the February 12, 2022 polls for scoring highest number of votes.
The same tribunal, had also nullified the election of the incumbent chairman of Kuje area council Abdullahi Suleiman Sabo of also of the PDP after the APC candidate, Hamidu Sarki Gaube, filed petition before the tribunal over non use of INEC BVAS machine at some poling units.
However, the tribunal in its judgement ordered INEC to conduct rerun election across some polling units within 90 days, in which Sabo appealed the judgement.
