The National Assembly Election Petition Tribunal sitting in Borno yesterday upheld the electoral victory of Dr Midala Balami, a member of the House of Representatives representing Askira-Uba/ Hawul federal constituency.
Our correspondent reports that Dr Balami is the only federal Lawmaker elected on the platform of the opposition Peoples Democratic Party (PDP) in Borno State during the February 25, 2023 general elections, while all other positions contested were won by the ruling All Progressives Congress (APC).
It could be recalled that the APC and its candidate, Mr Tarpaya Asarya (first and second petitioners) had earlier dragged the PDP, its candidate, Dr Balami and the Independent National Electoral Commission as first, second and third respondents to the tribunal, seeking nullification of the election, alleging that the result declared by INEC in favour of Dr Balami was not a correct representation of the outcome of the election since elections were not conducted in one unit and also cancelled in 10 registered and accredited polling booths/ units across the two local government areas.
The petitioners further claimed that the result declared by INEC showed that the second respondent scored a majority of the votes cast with 28,203 votes, while the second petitioner scored 25,383 votes and the difference in votes between them is only 2,820 votes.
Delivering the judgement, the three-man panel, under Justice M.E Anenih (chairman), Justice A.I. Ityonyiman and Justice A.O. Adeniji held that the petition brought before the tribunal lacked merit.
The tribunal also held that the second respondent was qualified and validly sponsored to contest the election and also held that the petitioners did not discharge the burden satisfactorily that there was cancellation and non-voting in the 11 polling units which the APC and its candidate, Mr Asarya claimed substantially affected the results declared.
Many supporters including PDP members stormed the streets in Maiduguri and the constituency (Askira-Uba/Hawul) to celebrate the victory of Hon Balami following the judgement.
Reacting to the judgement, lead counsel to Balami, Chief Titus Ashaolu (SAN), commended the tribunal for graciously and dispassionately delivering justice in favour of his client.
However, the second petitioner, Mr Asarya said, his client would study the outcome of the judgement before any further action.
