The Court of Appeal Division in Jos, Plateau state, has upheld the election of Hon. Haruna Maitala, of the All Progressives Congress (APC), for the Jos North/Bassa Federal Constituency of the House of Representatives.
The court in a unanimous judgement delivered by Justice Habib Abiru, Friday in Jos, held that the Election Tribunal was right to have held that Maitala, was returned in compliance with the provisions of the Electoral Act.
Hon. Jonathan Dabo, of the Peoples Democratic Party (PDP), had in an appeal No.CA/J/EPT/PL /NA/HR/381/2019, challenged the election of Maitala, whom he alleged did not win the lawful number of votes cast.
Justice Abiru held that there was a valid election at Tudun Wada/Kabong ward, on 23 February, 2019, but was wrongly cancelled by the collation officer of Jos North LGA, adding that a supplementary election was held on March 9, 2019.
The court held that based on the provisions of section 53 of the Electoral Act (2010) as amended, the tribunal was right to have declared that the Jos-North INEC collation officer had no powers to nullify the election.
However, the court held that the trial tribunal was right to have held that the petitioner failed to prove that there was a valid election on February 23, 2019.
&I hold that the appellant did not protest the conduct of the rerun, and had duly participated, the results stand,& Justice Abiru held.
He upheld the judgement in of the tribunal and the election of Maitala.
