Tribunal quashes Dakingari's election

Failure of the Independent National Electoral Commission's [INEC] Kebbi State office to tender two forms before the state's Governorship Election Petition Tribunal on the distribution of ballot boxes and ballot papers yesterday cost Governor Saidu Usman Nasamu Dakingari his seat when the tribunal annulled his election in last April 26's governorship election.Delivering her ruling in Birnin Kebbi late afternoon yesterday, Chairman of the Tribunal Justice Mairo Laraba Yusuf said the election was initiated with non-compliance to the provisions of 2010 Electoral Act's provisions which affected the elections.Governor Dakingari had been declared by the Independent National Electoral Commission to have won the election with 559,424 while his main challenger, Congress For Progressive Change (CPC) candidate Alhaji Abubakar Malam scored 326,482 in the announced result.The Tribunal said the petitioners, who called 65 witnesses, could not prove beyond reasonable doubt the allegation of irregularities in the election. It said the respondents presented 15 witnesses to testify on their behalf, but that the attitude of the fourth respondent (INEC), which failed to provide Forms EC40 A and C to show evidence of distribution of actual number of ballot papers and ballot boxes used during the election was fatal to the case.Nullifying the election and ordering for a rerun within the next 90 days, the tribunal chairman said the election was initiated in contrast to the provisions of Section 140 (1&2) of the Electoral Act and such, that has substantially affected the election in such a way that the winner of the election could not be determined.The prehearing and hearing was started on August 16 and 22 respectively before the Appeal Court in Sokoto ordered for dismissal of the case on September 23, but the Supreme Court ordered for continuation of hearing on the November 9, 2011.Reacting to the Judgment, Counsels for the 1st and 2nd respondents, Samson A. Eigege and Dr. Amaechi Nwaiwu said they were not satisfied with the Judgment and intend to appeal it. CPC's counsel Sam Kargbo however said with the judgment, INEC should learn lessons and that the electorate of Kebbi State should be given a chance to express their wish.
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