The Bauchi State Congress for Progressive Change (CPC) governorship candidate, Yusuf Maitama Tuggar yesterday lost his bid to nullify the April 28 gubernatorial election as the governorship election petitions tribunal upheld Governor Isa Yuguda's election.Tuggar and the CPC had earlier filed the petition challenging the legality of the election conducted in 18 out of the 20 local government areas of Bauchi State and asked the tribunal to declare that Yuguda was not qualified to contest the election; and that he was not duly elected by a majority of lawful votes cast at the April 28 election.Also, the plaintiff contended that his return to power was voided by corrupt practices and substantial non-compliance with the relevant provisions of the Electoral Act 2010.Delivering judgment, Justice David G. Mann struck out the petition declaring that it lacked merit as Tuggar had failed to prove all the allegations raised in the petition beyond reasonable doubt.Justice Mann, assisted by two other judges, said that Tuggar who had earlier alleged that Yuguda had breached the Electoral Act, was unable to declare a sworn affidavit as the document was not tendered before the tribunal.He said that Tuggar also failed to prove that the polls was marred by multiple thumb printing, thuggery, intimidation, harassment of voters, snatching of election materials, financial inducement and bribery which are all criminal allegations that must be proved beyond reasonable doubt.He emphasized that all the testimonies of the 19 petitioner's witnesses were nothing to be relied upon on as most of the evidence were 'hear say.'The CPC candidate had in his petition also alleged non-accreditation of voters, rigging, multiple voting, sharing of money by government agents, arbitrary allocation of votes, non-supply of election materials, threats and intimidation.He presented 19 witnesses including forensic experts' reports to prove his case and asked the tribunal to nullify the election and either declare him the winner of the election or order for fresh election.He said that most of the documents filed alongside the petition were dumped on the tribunal as the petitioner failed to tender them during the trial while most of them were either abandoned or had to be tendered from the Bar.Justice Mann discountenanced the forensic test allegedly conducted by a South African forensic expert over 254,610 votes out of the over 770,000 scored by Yuguda during the polls.He said that the tribunal did not question the expertise of the forensic expert but affirmed that the way and manner in which the test was carried out left many questions unanswered especially that all the election materials alleged in the petition were not tendered before the tribunal.Justice Mann stated that the forensic expert during cross examination failed to identify parts of the forensic reports and had told the tribunal that he could not ascertain number of ballot papers he investigated as well as that of his five other colleagues.He further said the forensic expert further failed to mention the names of his five other colleagues who carried out the other investigations into the ballot papers.The chairman also discountenanced the video memory cards submitted alongside the petition which, according to the him (chairman), 'was dumped on the tribunal as it was previewed before the tribunal while the tribunal lacked facilities that would have enabled it preview the tapes.He, therefore, struck out the petition for lack of merit and upheld the election of Yuguda, stating that 'even if 245,610 votes said to have been invalidated by forensic test were removed from Yuguda's over 770,000 votes, Yuguda would still lead with over 516,215 votes.'Speaking with Daily Trust after the judgement, counsel to Yuguda, Barrister F. U. Sarki said, 'We are satisfied with the judgement. We are vindicated that our election was free and fair.'Media aide to Tuggar, Musa Azare told Daily Trust that they would study the judgement and discuss with their lawyers before deciding on what to do.
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