National and State Assembly Election Petition Tribunal sitting in Jalingo yesterday nullified the election of Dan-Asabe Charles Hosea representing Kurmi/Gashaka/ Sarduana Federal constituency in the National Assembly on the platform of the Peoples Democratic Party (PDP).
Candidate of the All Progressive Congress (APC) in the March, 2015 election, Ibrahim El-Sudi, had challenged Dan-Asabe's victory at the poll on the ground that the election was conducted in non-compliance with the electoral act.
The chairman of the tribunal, Justice Samson Angor who read the judgment, ordered fresh election in 19 polling units in the constituency on the grounds of non-compliance with the electoral act.
The tribunal held that the respondents failed to prove the case of compliance with the provisions of the electoral act in the conduct of elections in 19 polling units in the constituency beyond reasonable doubt.
Citing evidence before the tribunal, Justice Samson Angor held that election in 19 polling units in Kurmi and Sardauna local government areas in the constituency were conducted in non-compliance with the provisions of the electoral act.
He also held that the marginal difference in votes between the winner and the runner up was less than the number of registered voters in the 19 polling units where elections were conducted without compliance with the electoral act.
The judge declared the election inconclusive and ordered the setting aside of the certificate of return issued to the 3rd respondent, Dan-Asabe Charles Hosea, by the 1st respondent, Independent National Electoral Commission (INEC).
The tribunal judge also ordered INEC to conduct a fresh election in the 19 polling units within 90 days.
Lead counsel to the petitioner, Festus Idepefo Esq, hailed the tribunal justices for a well researched judgment.
On his part, lead counsel to the 2nd respondent, PDP, and 3rd respondent, Dan-Asabe Charles Hosea, M.A Akamode Esq, commended the justices for their conduct throughout the hearing, saying he had got judgments in the tribunal before and will not harbour ill-feelings over the judgment.