The National and State House of Assembly election petition tribunal sitting in Kaduna State has dismissed the petition filed by Mr. Michael Ayuba Auta of the Labour Party (LP), challenging the victory of Senator Sunday Marshall Katung of the Peoples Democratic Party (PDP) in the Kaduna South District Senatorial election of February 25, 2023.
It would be recalled that the Independent National Electoral Commission (INEC) declared and returned Senator Katung as winner of the election.
Not satisfied with the declaration, Auta and the LP approached the tribunal alleging that Katung did not win the election by the majority of lawful votes cast, also alleging that the election was invalid because it didn’t comply with the provisions of the Electoral Act, 2022.
In a unanimous judgment delivered by Justice O.O. Oluboyede, the panel held that the quality of witnesses called by the petitioners was not enough to strengthen the petition or sustain it.
While stating that the pleadings did not constitute evidence, Justice Oluboyede further held that the evidence adduced by the petitioners was weak and porous.
The panel also held that the candidate of the Labour Party failed to provide substantial evidence to prove the case of non-compliance with the Electoral Act and violence during the February 25 election.
She accordingly dismissed the petition and upheld Katung’s election as the Senator representing Kaduna South Senatorial District.
One of the counsels to Katung, Zigwai Z. Adamu, said the tribunal did justice by affirming the senator’s election because the petitioner could not adduce credible evidence as contained on their pleadings.
“The petitioner has tried to make the tribunal go into a fishing festival, to fish evidence that was never tendered for it. The Tribunal is a court of justice, not a court of emotions but evidence that is before them.
“We thank the Tribunal for upholding the victory of the Kaduna-South Senator Sunday Marshall Katung,” he added.
Meanwhile, fielding questions from journalists shortly after the ruling, The minority leader in the Kaduna State House of Assembly, Hon. Ali Kalat commended the tribunal for affirming the senator’s victory.
According to him, the Kaduna-South senator has been one of the major political players in the region.
“Southern Kaduna has been a PDP’s region, someone cannot come and contest and election and claim victory overnight.” Kalat concluded.
The judgment was delivered within 30-Minutes.
