Chuwang Emmanuel
The National and State Assembly Elections Petition Tribunal sitting in Jalingo, Taraba State, on Monday upheld the election of a former speaker of the State House of Assembly, Abel Diah as declared by the Independent National Electoral Commission (INEC) in the February 25 poll.
Abel, who represents Mbanga State constituency in the House of Assembly contested on the platform of the All Progressive Congress (APC).
Emmanuel Bongo, of the Peoples Democratic Party (PDP) had filed a suit challenging the election of Diah, saying that Diah was not a registered member of the APC at the time of the election.
Mr Bongo also urged the tribunal to nullify the election, claiming it was marred by irregularities and not in compliance with the Electoral Act and guidelines.
Delivering the judgement, the chairman of the tribunal Benson Ogbu ruled that the petitioner was not able to provide evidential facts to prove his case or support his claims before the tribunal.
On the issue of party membership, the tribunal held that membership of a political party is an internal affair.
He said, “It is the prerogative right of a political party to determine who are its members and those to contest elections under the party.”
While on the issue of irregularities in some polling units as well as non-compliance with the Electoral Act,
The tribunal in its judgement also said the petitioner failed to prove his claim of non-compliance by INEC with the Electoral Act and corrupt way of conducting the election.
The tribunal therefore upheld the victory of the former speaker declared by INEC.
Mr Ogbu while reviewing the petition, declared that all the issues raised and the pieces of evidence tendered before the Tribunal were immaterial, therefore “the petition collapsed on failure of proof.”
Festus Idepefo, the counsel of the respondent, expressed satisfaction with the judgement and said the petitioners failed to provide concrete evidence.
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