Justice Chidiebere Uwa of the Court of Appeal in Abuja has upheld the election of Bala Mohammed of the Peoples Democratic Party (PDP) as governor of Bauchi state.
The court upheld the judgment of the Bauchi state governorship tribunal which dismissed the petition filed by the All Progressives Congress (APC) and its governorship candidate, former Chief of Air Staff, Air Marshal Sadique Abubakar.
Justice Uwa who leads a three-member team of justices on Friday in Abuja dismissed the appeal for lacking in merit.
Uwa said the appellants failed to prove their allegations of non-compliance to the provisions of the Electoral Act by the Independent National Electoral Commission (INEC)
The appellants had alleged that the Electoral materials were not properly filled in 8 local governments of the state.
However, the court said that the appellants did not call officers of INEC, supervising and Presiding officers to give evidence to prove that the said forms were not filled and why.
The court held that though there were blank spaces in some of the forms produced as evidence, it was not substantial enough to cancel the election, because the appellants failed to prove what should have been in those spaces.
“From the pleadings, the appellants failed to state the specific details which were to be in the alleged forms, that were not put on the forms.”
The court held that the tribunal did a thorough job in evaluating the evidence and that “the evidence of the petitioners were unreliable”
“This appeal is hereby dismissed as the appellants failed to prove their case” Justice Uwa held.
The Bauchi State Governorship Election Tribunal on September 5, 2023, upheld Baba Mohammed as Bauchi State governor
In the judgment delivered by a three-man panel led by Justice P.T Kwahar, the court held that there is no strong reason to nullify the election as the election was conducted in compliance with the law.
INEC had in March declared that Mohammed polled 525,280 to beat his closest rival and the candidate of the All Progressives Congress (APC), Air Marshal Abubakar who polled 432,272.