The Jos division of the Court of Appeal on Friday upheld an earlier the judgement of the National and State Assembly Election Petition Tribunal in Bauchi, dismissing the petition of New Nigeria People’s Party, NNPP, candidate, Farouk Mustapha against the victory of Adamu Bulkachuwa of the All Progressives Congress, APC.
Mr Mustapha had filed a petition challenging the victory of Mr Bulkachuwa on the grounds of violations of electoral acts.
DAILY NIGERIAN reports that Mr Bulkachuwa is the husband of the Court of Appeal President, Zainab Bulkachuwa.
The court, in a consensus judgement delivered by Justice, Tani Hassan, ruled that the alleged irregularities in 1,419 polling units of the Senatorial district, by the appellant was not proved before the tribunal and the Court of Appeal.
She judged that from the record of proceedings of the tribunal, the petitioners/appellants presented only five witnesses and that documents were only dumped.
“Irregularities must be proved by documentary pieces of evidence and it was right that the tribunal did not act on the dumped documents,” she held.
Justice Tani said that the petitioners’ witness, PW5 was to give evidence as an expert on Exhibits MM and MN, but told the tribunal that he was not an expert.
According to her, the tribunal was, therefore, right to dismiss his evidence.
“On exhibits MM and MN, the appellant has failed to prove his case.
“I found no merit in the appeal and is hereby dismissed,” she judged.
Justice Tani, further stated that Senator Bulkachuwa’s declaration by INEC is valid.