National/State House of Assemblies Election Petition Tribunal has affirmed the declaration and returning of Abdullahi Muazu Gwarzo (APC) as the winner of Gwarzo/ Kabo Federal Constituency election held on 25th Feb. 2023.
The Petitioner, Nasiru Sule Garo of NNPP filed the petition alleging that the election was marred by irregularities and non incompliance with the Electoral Act, 2022.
Garo, similarly alleged that the Respondent didn’t win the election with the majority of lawful votes cast during the election.
The Petitioner further asked the Tribunal to declare among others reliefs that Muazu was not qualified to contest the election as at the time of the poll, held on 25th Feb. 2023.
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In his arguement through his counsel, Nasiru Sule Garo, prayed the Tribunal to nullify the election, emphasizing that the Respondent didn’t attach his educational certificates in INEC nomination and expression form.
The Petitioner said that the respondent stated his educational qualification he obtained but failed to attach the names of the institutions he obtained the Qualifications.
The 3-judge panel, led by Justice Flora Ngozi Azinge dismissed the petition for lack of evidence.
She said section 56 sub 1 of the Constitution of Federal Republic of Nigeria 1999 as amended doesn’t testify the attachment of educational certificate of a candidate in form EC 9.
She averred that no court will deliver its judgement outside available evidence adduced.
“Non of the witness presented by the Petitioner succeeded in discredeting the evidence of the Respondents, we therefore find no merit in this petition and accordingly dismissed.