The Jos Division of the Court of Appeal has reaffirmed the election of Haruna Maitala, the All Progressives Congress, APC, member representing Jos North/Bassa Federal Constituency of Plateau State.
Recall that Jonathan Dabo of the Peoples Democratic Party, PDP, had challenged the National Assembly Tribunal judgement which upheld Mr Maitala’s election.
Mr Dabo, in an appeal No.CA/J/EPT/PL /NA/HR/381/2019, alleged that Mr Maitala did not win the election with a lawful number of votes.
However, the appellate court, in a unanimous judgement delivered on Friday by Justice Habib Abiru held that the tribunal was right to hold that Mr Maitala was returned in compliance with the provisions of the electoral act.
The judge averred that there was a valid election at Tudun Wada/Kabong ward on 23 February, 2019, but was wrongly cancelled by the collation officer of Jos North LGA, adding that a supplementary election was held on March 9, 2019.
The court, therefore, held that based on the provision of section 53 of the electoral act, the tribunal was right to declare that the Jos North INEC collation officer had no powers to cancel the election.
Justice Abiru further held that the tribunal was right to have held that the result of the rerun election held on March 9, 2019 stands, adding that the winner of the election was duly returned.
“I hold that the appellant did not protest the conduct of the rerun, and had duly participated. Therefore, the results stand,” he judged.
