Appeal Court Affirms Election Of Hon. Muhammad Abubakar Balo Of APC.
By Moses Gbande
Court of Appeal setting in Jos, upheld the judgement of an election tribunal, affirming the election of Hon. Muhammad Abubakar Balo of the All Progressives Congress (APC), on seat of Quan’pan State Comstitunecy in the Plateau State House of Assembly.
The court in a lead judgement delivered by Justice, Tani Hassan, held that the trial tribunal was right in dismissing the petition of Hon. Zainab Dogo, of the People’s Democratic Party (PDP).
Hon. Dogo had challenged the election of Balo, on two grounds alleging corrupt practices and non compliance with the electoral act.
The trial tribunal had dismissed her petition, adducing that the petition fall short of the requirementsbof section 138(a,b,c,d) and its subsections as enshrined in the electoral act.
However, not satisfied with the judgement, she seek redress at the Court of Appeal.
In its judgement the appellate court, held that the, “tribunal was right when it strike out the petitioners ground one, for incompetence and lacking in merit.”
She added that: Ground one is a fundamental violation of section 138, cauching it with or,” giving alternative to the tribunal.
Justice Hassan futher held that the trial,”tribunal was right to have also strike out, the ground two of the petitioners, having not tendered the documents, forms EC8A, which were pleaded.”
She held that the the petition was not competent, the tribunal judgement was right, the appeal is lacks merit and is, “hereby dismissed.”
The court further orderd that parties shall bear their costs of prosecuting the appeal.
Nasarawa Reporters 