The election of the member representing Mashegu Constituency of the Niger State House of Assembly, Hon. Isah Alhassan Kaboji, of the All Progressives Congress (APC), has been nullified by the Justice Angela Otaluka-led National and State Assembly Election Petition Tribunal sitting in Minna.
Justice Angela Otaluka further ordered a re-run election into twenty-five polling units in the constituency within the next ninety days, while the first respondent has been disqualified to contest the re-run election.
Similarly, the tribunal ordered the withdrawal of the certificate of return issued to the first respondent by the third respondent, the Independent National Electoral Commission (INEC).
Mohammed Jiya of the Peoples Democratic Party (PDP) had approached the tribunal on three grounds, alleging that the respondent was not qualified to contest the March 18, 2023, governorship and state assembly election, and that the respondent forged his credentials that he filled out in Form EC8 of INEC.
According to the petitioner, the election of the first respondent was characterised by irregularities in virtually all the polling units of the constituency.
He further requested the tribunal nullify the election on the ground that the respondent forged the credentials he used in the contest of the election and the election was not in conformity with the Electoral Act 2022.
He equally claimed that some of the ballot papers were not signed and stamped by the Electoral Officer of Mashegu local government, which, according to him, rendered the election invalid as it was not in compliance with the provisions of the electoral act.
The petitioner also requested the tribunal disqualify the respondent on the premises of using falsified documents to contest the election, arguing that the National Examination Council (NECO) and the West African Examinations Council (WAEC) issued to the second respondent were full of inconsistencies.
In the pre-hearings trial of the petition, a total of 29 exhibits and evidence, as well as witnesses, were presented to the tribunal, which were all adjudicated.
Justice Angela Otaluka, while reviewing all the evidence, exhibits, and testimonies of the witnesses, asserted that the petitioner was able to establish all the evidence tendered against the second respondent beyond the conviction of the tribunal, and the petition has stood the test of time.
Citing various legal authorities to arrive at the judgement, she averred that the petitioner has proved his allegations beyond a reasonable doubt; hence, the petition was upheld and the election of the second respondent, Alhassan Isah Kabboji, was nullified.
"The first respondent (INEC) is hereby ordered to conduct a re-run election in 25 polling units of Mashegu Local Government Area within the next 90 days of the judgement.
"The second respondent is therefore not qualified to contest the re-run election, and a total of N600,000 was awarded as a cost to the petitioner," Justice Angela Otaluka asserted.