Daily Independent Online.
*
Tuesday, July 06, 2004.
Appeal Court upholds Haruna’s election
By Sule Lazarus
Special
Correspondent (Yola)
and Audu Onoja
Special
Correspondent (Jos)
Respite
came on Monday for harassed Adamawa State Governor Boni Haruna as an Appeal
Court sitting in Jos affirmed his election.
The
court also quashed the cross appeal by the All Nigeria Peoples Party (ANPP)
candidate, Adamu Modibbo, which sought to disqualify the governor and ban him
from contesting any new election in the state.
It
was dismissed for lack of merit; with judge describing it as “entirely
frivolous”.
On
March 24, an election petition tribunal in Yola voided Haruna’s election
in 14 council areas and ordered fresh polls, upholding claims of irregularities
in the governorship election in April last year.
The
tribunal, headed by Justice Kashim Zana, also quashed elections in some wards
in three councils on grounds of alleged over voting and rigging.
Haruna
and his party, the Peoples Democratic Party (PDP), appealed on 40 grounds,
querying the tribunal’s decision for delivering a single judgment on
consolidated case.
Delivering
a 59 page lead judgment on Monday, the Appeal Court presiding judge, J.
Aderemi, upheld the governor’s election. He described the tribunal’s judgment as perverse
and bizarre.
He
said the tribunal rambled in its lengthy judgment and arrived at a wrong
conclusion and that there was no evidence to proof the allegation of election
irregularities and corrupt practices.
Aderemi
quoted a conversation between the lead counsel to the complainant at the
tribunal, Mike Ahamba and Tayo Jegede, saying "from the discussion, it was
established that no ballot paper was tendered".
He
cited Section 40 (1) and (2) and Section 42 of the Electoral Law and stressed
that judges must refrain from acts that could lead to absurdity, adding that
since ballot papers were not tendered one could not determine whether the
ballot boxes were stuffed.
According
to the judge, an election may be questioned on grounds of corrupt practices or
non compliance with the Electoral Law, but allegations, being criminal in
nature, require clear and unambiguous proof.
He
said rather, the entire proceedings were replete with allegations of
alterations or over voting, ballot stuffing and chasing away of agents with no
concrete evidence. "No body was brought to say he was chased away”.
He
added: "The lower tribunal fell into a grave error in holding that ballot
boxes containing ballot papers were tendered before it. It is only when ballot
boxes are tendered and opened before it for the contents to be seen by everyone
present in the tribunal that allegation of the petitioner can be
sustainable”.
Aderemi
said having treated all the issues identified by the appellants and the cross
appellants for determination “the conclusion which I reached following
the above discussions is that these appeals are meritorious and they are
accordingly allowed”.
The consolidated petitions, he held, "are hereby
dismissed, the election of Boni Haruna, the 1st Respondent/Appellant as the
Governor of Adamawa State is affirmed”.
