The election of Governor Patrick Yakowa of Kaduna state Thursday was upheld by the Governorship Election Petition Tribunal sitting in Kaduna after the CPC failed to prove various allegations of election malpractices against Yakowa of the Peoples Democratic Party (PDP).
Justice Ayuba Garba Kwajafa-led who delivered the three and half hour judgment said the relief sought by Alhaji Saeed that the April 28, 2011 gubernatorial election was marred by rigging, ballot stuffing and other electoral malpractices; averred that with the total number of valid votes cast Yakowa ought not to be declared winner. He urged the tribunal to declare him winner or in the alternative issue an order nullifying the entire election and ask for a rerun.
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The CPC even hired what it said was a forensic experts to help verify the thump prints of some 600,000 ballot papers it was contesting, but Justice Kwajafa said that the forensic experts brought on cross examination admitted that he was neither a forensic nor handwriting expert as claimed by him, and as such the outcome of his counting did not have substance. “Habibu Mahammad, from Zongon Kataf ward, Dakachi Hassan from Zonkwa ward all members of the CPC; Ahmadu Zango, Abdullahi Adamu both displaced voters from Jemmaa, who came to testify before this tribunal, on cross examination said they were not at the polling units. This means the argument of the plaintiff on this matter is not tenable”
The CPC candidate, Mallam Sa’eed Haruna Kajuru who sat throughout the rulings later told reporters that he was not satisfied with the Judgments and would soon file an appeal, because the Judges were bought. Saeed called a total of 33 witnesses, but could still not prove his case beyond all reasonable doubt.
Justice Ayuba Garba Kwajafa, who read the three hour judgment said the Court upheld the electoral victory of Yakowa on the grounds that the Petitioner could not prove his case against Yakowa. It could be recalled that the CPC had challenged the electoral victory of Yakowa on grounds that whole process was marred with undersupply of electoral materials, that the election did not take places in some wards but results declared and that violence scared supporters of the CPC in some wards from voting. The CPC also petitioned the Tribunal that in some nine wards in Zangon Kataf, Chikun, Kaura, Jema’a and Kachia Local Government Areas (LGAs) CPC voters were intimidated from coming out to vote. The Petitioner added that in some polling units in Ikara, and Chikun some ballots boxes were snatched and stuffed with stamped ballot papers to favour Yakowa. “In Chikun, non of the witnesses called by the Petitioner ever appeared before the tribunal”. The Justice cited the case of Agagu Vs Mimiko (2003) and Obasanj Vs Buhari (2007) saying that since the plaintiff could not prove his petition against the defendant, the judgment was ruled in favour of the defendant. Supporters of the PDP responded with wild jubilation. But the CPC candidate, Kajuru later spoke to reporters saying the Justices were compromised, and that he was challenging the verdict. “We have seen what the panel or this tribunal has done. And we know that it was compromised. We know that they have erred. We know that the judgment has been well decided ahead of today. “ So you can see the pattern of the presentation is quite clear. We are going to follow up because we have seen what their decision has been in the past through minor judgments or rulings, and we have prepared adequately to go and file and appeal. “The process of appeal has started even before now without further delay. We will not allow miscarriage of justice to continue unabated. We will continue to pursue the case by telling the good people of Kaduna state to know that this is the stand we have taken. Our lawyers are prepared for this. And we would move on. Victory is ours. We call on our supporters to continue to be law abiding”, he said. Meanwhile an exultant Governor Patrick Yakowa addressed a noisy, cheering crowd of supporters who overcame security at the Sir Kashim Ibrahim House ( Kaduna Government House) Thursday after the verdict of the Tribunal. “I want to thank the Almighty God for this other victory. I want to call on all Haruna Sa’eed to embrace this Judgment and join hands with us to develop this state. This not a time for celebration, but a time to sit together and fashion out how to improve on peace and the wellbeing of our people.
“I call on all our supporters to be cautious in their joy. You must not rejoice in a manner that would provoke the opposition. The task ahead is too huge to be spent on celebration”, he said. Yesterday, ahead of the Judgments Police put a noose on Kaduna town combing from street-to-street for trouble makers. Luxury cars were subjected to on-the spot search by a bevy of policemen in black. On Bida, Lafia Road and the Independent Way all homes, offices and business premises half a kilometer from the Federal High Court Venue of the sitting were shut. Police amour vehicles blocked entrances to these streets assisted by armed police in open jeeps. At the four entrances to the venue armed police on horses and on foot stand guard. Police dogs and their handlers patrolled from gate to gate. People were subjected to thorough searching before allowed in. But, by 9:30 am, about 30 minutes to when the judgment would start, no one was allowed in or out of the court. At the same time, Police Helicopter hovered over Kaduna sky in surveillance. A long convoy of siren blaring vans with armed Mobile police recklessly drove around some streets of Kaduna in a show of power. All Political appointees of Yakowa, and PDP scribes of the State, and that of the CPC were at the Court. |