The FCT Local Council Election Petition Tribunal sitting at FCT High Court Jabi, on Thursday upheld the election of Danladi Chiya of the APC as Chairman of Kwali Area Council.
Delivering judgment, Chief Magistrate Samuel Idhirhi leading a three-man panel held that the petition against Chiya’s victory at March 9 and March 23 election was unmeritorious.
Mr Daniel Ibrahim, the Candidate of the People’s Democratic Party ( PDP), had challenged Chiya’s victory at the election.
The petitioners dragged the respondents, All Progressive Congress (APC), Chiya and Independent National Electoral Commission ( INEC), before the Tribunal challenging the election on grounds that the election was marred with irregularities and over-voting.
He also said that the exercise was not conducted in compliance with the provisions of the Electoral Act, 2010 (as amended).
Idhirhi said the issue to be resolved by the Tribunal was whether or not the result of the Ward canceled was in accordance with the Electoral Act, 2010 ( as amended)
He further said it was only the Presiding Officer that power to make any alteration. He, therefore, said the cancellation was illegal.
He, however, held that the petitioners were unable to prove all allegations made beyond reasonable doubt as the calculations of votes done by the Tribunal did not prove any evidence of over-voting.
Idhirhi also said that the petitioners could not discharge the burden of proof that rested on them.
The tribunal also held that the petitioners also failed to establish that Chiya was not elected by the majority of lawful votes and that his return was not lawful.
He said the Tribunal further found that the petitioners failed to establish that Chiya did not score the highest number of lawful/valid votes cast at the election as the petitioners were not diligent in proving the allegations.
In addition, the Tribunal affirmed that the petitioners failed to establish that the election was not conducted in substantial compliance with the Electoral Act and INEC guidelines.
The Tribunal, in conclusion, said “the petition lacks merit and it fails. It is consequently hereby dismissed and we affirm the declaration of Danladi Chiya as the winner of the election into the office of Chairman of Kwali Area Council of the FCT” the Tribunal said.
NAN reports that the petitioners had prayed the tribunal to nullify the election and order for the conduct of a fresh exercise on account of fraud, malpractice of over-voting.
Furthermore, petitioners prayed the tribunal for a declaration that Ibrahim scored the highest votes cast
