Court of Appeal Upholds Baba-Hassan’s victory

Yakubu Busari

The Court of Appeal  in Jos, has dismissed the  petition filed by Munir Barau Abdullahi of the People Democratic Party, PDP ,as it upheld   upholding the election of Hon. Ibrahim Baba Hassan, of the All Progressives Congress (APC) into the seat of Jos North North State Constituency in Plateau State House of Assembly.

 

 

Justice Moses Ugor, held that the appellant failed to proved their allegation that Hon. Hassan has forged a Diploma certificate he presented to INEC to contest election in 2015.

 

 

Barr. Munir Barau, had challenged the 2019 election of Hon. Hassan, alleging that he had presented false information to INEC by presenting, ”forged Diploma certificate from University of Jos.”

 

 

However, the trial tribunal held that Barau, did not proved his allegation beyond reasonable doubt. But Barau appealed the judgement.

 

 

According to the appellate court, the tribunal was right when it struck out Barau’s, exhibits P7, P8 and P10, and issues 1 and 2 of his petition, having not tendered certified documents.

 

 

Justice Ugor, further held that the tribunal was right when its held that PW 2 the deputy registrar of the University of Jos, only gave oral evidence, rather than documentary evidence.

 

 

The court held that Barau, has failed to proved his allegation beyond reasonable doubt, as required by sections 131, 132 and 133 of the evidence act.

 

 

He held that the 2nd respondent has presented exhibits R 2 being a letter signed by the registrar of the University certifying that the Diploma certificate was genuinely obtained from the University, adding that Hon. Hassan has also presented a Police witness that tendered an investigation report, which also confirmed the Diploma certificate was genuine.

 

 

Justice Ugor, further held that the 2nd respondent has presented Leadership Newspaper publication from the University also confirming the eligibility of the certificate

 

 

He held that the appellant did not presented the registrar to disapproved his signatures on all evidences presented by Hon. Hassan.

 

 

He said the issue of an alleged criminal suit pending before Federal High Court, canvassed by the appellant was; “not an issue at all.”

 

 

The court held that it resolved all issues in favour of the respondent, it upheld the judgement of the trial tribunal and further held that; “the 2nd respondent was not found to have forged the Diploma certificate and that his election is upheld.”

 

 

Hon. Baba Hassan has won the 2019 election with 41,990 votes, while Barr. Munir Barau, won 13, 383, in 3rd place.