The Election Petition Tribunal for Adamawa sitting in Abuja has dismissed an election eligibility suit instituted against Alhaji Mohammed Hayatu Atiku, member representing Uba/ Gaya state constituency in the state assembly.
The suit filed by Hon. Mustapha Maigari of of the Peoples Democratic Party (PDP) was dismissed on technical grounds, yesterday in Abuja. Maigari was challenging the eligibility of Mohammed Hayatu Atiku, of the All Progressive Congress (APC) after he defeated the former to clinch the Uba/ Gaya state constituency seat in the state assembly.
While reacting to the judgement of th Tribunal, Hon Mustapha Maigari, two-term member of the State assembly, told journalists about his plan to appeal the judgment.
Maigari said his case at the election petition tribunal was struck out on technical ground, adding that, Hayyatu Mohammed Atiku, whom he has dragged before the tribunal over his ineligibility, because of alleged certificate forgery is living on borrowed time.
He said Hayatu who replaced him as a state legislator is only warming his seat in the house, because he is likely to get justice at a higher court.
As stated by him, his reason for believing that he could get victory, if he appealed the tribunal verdict followed the technicality which the judge used in striking out his case.
He explained that justice Anthony Onovo struck out his allegation of certificate forgery against his opponent on the grounds that he failed to give cause why a fresh election should be conducted having also failed to ask for the cancellation of the election.
“Since the petitioner did not seek for a fresh election in his prayer before the tribunal therefore, the tribunal will not act as father Christmas,” the tribunal judge upheld while delivering his judgment. During the legal fireworks, the tribunal had subpoenaed the registrar of the Ahmadu Bello University to appear and testify before the tribunal.
Based on what was gathered, the Deputy Registrar of the institution who appeared before the tribunal and testified that the certificate allegedly presented to INEC by Alhaji Atiku was not that of the institution but rather forged.