The National/State Assembly Election Petition Tribunal sitting in Makurdi, the Benue State capital has nullified the return of Chris Adaji of the People’s Democratic Party, PDP, as the winner of the 2019 Ohimini State Constituency election.
Chairman of the Tribunal, Justice R. O. Odudu, who delivered the lead judgment held that the margin with which Adaji led Musa Alechenu Ohimini of All Progressives Congress, APC, was less than the number of votes cancelled.
According to Independent National Electoral Commission, INEC’s declaration, Adaji led with 397 votes which the Tribunal held were less than the 1, 056 votes cancelled in the two polling units of Igbanomaje and Odega.
The court held that INEC ought not to have made a final declaration without ordering for a rerun in the affected polling units.
Justice Odudu held that the declaration and return of Adaji without a rerun in Otega and Ogadagba ward was invalid by reason of non substantial compliance with Electoral Act 2010 (as amended).
The court therefore, issued an order for withdrawal of the Certificate of Return issued to Adaji and an order directing INEC to conduct rerun elections in the two polling units where elections were cancelled within 90 days.
Vincent Tortsugh, who appeared for the petitioners described the decision of the Tribunal as “reasonable,” adding that “we didn’t expect anything other than this.”
The APC candidate, Musa Ohimini Alechenu described the decision as a testimony of the wishes of the people.
He said by the decision, the judiciary has reaffirmed that it remained the hope of the people.
“I want to appreciate the Tribunal for the good job done. Let me appreciate the people of Ohimini for standing behind me during the period of the legal struggle,” Alechenu said.
He further expressed the confidence that he would win the rerun election.
Adaji’s counsel, Ken Ikonne said he would consult his client before taking any further decision.