The National Assembly Election Petitions Tribunal sitting in Minna, Niger State has struck out the suit filed by the Peoples Democratic Party (PDP) and its candidate, Ibrahim Isyaku, challenging the victory of the lawmaker representing Niger East senatorial district, Senator Sani Musa.
The petitioners had challenged the election of Senator Musa on the ground that the All Progressives Congress (APC) did not have a clear candidate in the said election.
They alleged that the lawmaker was not duly elected by a majority of lawful votes cast, as he and one other candidate, David Umaru, contested the election on the platform of the APC.
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According to the petitioners, the PDP and its candidate were placed at a disadvantaged position as they were up against two APC candidates who both campaigned vigorously.
They claimed further that the votes for the two APC candidates were merged for the benefit of one.
Delivering judgment in the matter on Friday, Chairman of the Tribunal, Justice Atinuke Oluyemi, dismissed the petition.
She held that the petitioners led no credible evidence to prove that votes cast for the APC were for multiple candidates.
Justice Oluyemi added that failure of the petitioners to join David Umaru in the suit was fatal as “you cannot shave a man’s head in his absence.”
Consequently, she upheld the election of Mr Musa of the APC as the senator representing Niger East district in the upper chamber of the National Assembly.
Reacting to the judgment, counsel to the petitioners, Mohammed Mohammed, said they would appeal the judgment at the Court of Appeal.
