An appeal tribunal sitting at the FCT High Court, Apo Abuja, has set aside the judgement of the election petitions tribunal which nullified the election of the Chairman of Kuje Area Council, Abdullahi Suleiman Sabo, of the PDP over non-usage of INEC’s BVAS machine at some polling units during the election and affirmed Sabo as duly elected.
In a unanimous judgement, the panel led by Justice Suleiman Belgore, on Friday, said the February 12, 2022, council election was conducted pursuant to the provisions of the Electoral Act 2010 as amended and could not be voided on the ground of non-usage of the BVAS machine.
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He said the entire provisions of the Electoral Act 2010 as amended had no provision for the use of the BVAS machine, noting that it was only lauded and commendably provided in the manual issued by INEC, but that non-compliance with the provisions of the manual was not a ground for questioning or challenging the election.
Similarly, the appeal tribunal also set aside the judgement of the lower tribunal which declared Haruna Audi Shekwolo of the APC as winner of the February 12, 2022, chairmanship election in Bwari Area Council and affirmed the incumbent Chairman of the council, John Gabaya of the PDP, as duly elected,
Justice Yusuf Halilu, a member of the three-member panel of judges, said the lower court failed in its own responsibility to properly evaluate the evidence adduced during the trial.
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