THE recent verdict by the Adamawa National Assembly election petitions  tribunal, dismissing the petition of former Governor Boni Haruna of the Action Congress of Nigeria (ACN) against his Peoples Democratic Party (PDP) candidate, Senator Jubrilla Bindowo, over  the Adamawa North Senatorial district, calls for serious concern by all lovers of our democracy.

 Haruna had urged the tribunal to declare him  the winner of the April election, contending that he, and not Bindowo, scored the highest votes in the said election.

Alternatively, the former governor asked that a fresh election be conducted in Mijilu ward in Mubi North Local Government, because election did not take place in the ward at all.

He maintained that gross irregularities and manipulation of election took place in 67 units in Mubi South/North and Maiha. Haruna also called the attention of the court to the conviction by a court of competent jurisdiction of the younger brother of Bindowo for election day infraction, when a bus he was driving was arrested by the Police for being in possession of fake ballot papers and other INEC electoral materials as   pointers to the fact that the elections were marred with irregularities.

The former governor, further drew the attention of the tribunal to the fact that the state Resident Electoral Commissioner in his report, affirmed that the election was inconclusive in that ward and followed the precedent laid in the Anambra Central Senatorial District, in the tussle between Senator Chris Ngige and Professor Dora Akunyili and order a fresh election in the ward.

Interestingly, INEC didn’t contest the assertion that election didn’t hold in Mijuli ward just like in the case of Mubi North, Mubi South and Maiha House of Representatives, and the tribunal only admitted to election NOT being held in Mijilu ward and criticised INEC for not calling witnesses to defend the allegations against it and didn’t  order for a re-run, claiming that the petitioner did not plead for it and therefore, also dismissed the petition.

 On the other hand, the Tribunal in the case of the Senate admitted  suspicious results in respect of Mijilu ward from Bindowo’s counsel,through an affidavit which says that there was an election in Mijilu ward.

This, despite a counter affidavit by Haruna who  attached a Certified True Copy of INEC report admitting that both the  election for the  Senatorial area  for the Mubi North, Mubi South and Maiha Federal Constituency were inconclusive. The senatorial district comprises of Maiha, Mubi North/South, Michika and Madagali local government areas.

Haruna further contended in his counter affidavit that the suspicious Mijilu result was not frontloaded at the pre-trial hearing, but was tendered after the petitioner had closed his case and no witnesses were even called by the Respondents including INEC for the petitioner to test the credibility of the document through cross examination.

 Justice Chukwuemeka Ignatius Ohakwe’s  tribunal, in its judgment for the House of Representatives had averred "it is surprising that the 2nd Respondent (INEC) which conducted election in Mubi North, Mubi South and Maiha Federal Constituency...will fail, refuse and neglect to come up with evidence in defence of the election it conducted. The INEC has a duty to defend the election it conducted by opposing a petition filed against the conduct and result of the elections.

The INEC is not at any liberty to decline opposing the petition in which it is the Respondent or by supporting the case of the petitioner. To do so would amount to taking the nature of a chameleon which is capable of undermining our democratic process and causing an erosion of public confidence and credibility of INEC."

The tribunal then went ahead and called for fresh elections. But the Tribunal did a somersault in the senatorial election suit dismissing the case of the ACN man as lacking in substance! He said the petitioner failed to substantiate beyond reasonable doubt his allegation of non-compliance with the 2010 Electoral Act as amended, non-conduct of election, financial inducement and ballot stuffing despite preponderance of evidences adduced before it.

The question that Justice Ohakwe failed to answer is, how can two different judgments be delivered for the same issue? Justice is definitely being compromised, and this must not be allowed  in the interest of our democracy. The dismissal of Haruna's petition by the Justice Ohakwe Tribunal was in bad taste and brings to question the credibility of the judgment in its entirety.

John Timawus, This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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