The Borno National and State House of Assembly elections petition tribunal sitting in Abuja on Monday, dismissed a petition filed by Malam Kudla Satumari, challenging the election of Sen. Mohammed Ndume.
Satumari and his party, the Peoples Democratic Party (PDP) on March 15, filed a petition with number EPT/BO/SEN/1/2019 before the tribunal.
They are challenging the declaration of Ndume of All Progressive Congress (APC) as winner of the Borno South Senatorial District conducted on Feb. 23, 2019.
The APC and Independent National Electoral Commission (INEC) were also joined in the suit.
Delivering judgment, Justice Peter Kekemeke, Chairman of the tribunal, held that the petitioners failed to proof their allegations beyond reasonable doubt.
Kekemeke held that the proof of allegations lay solely on the petitioners, in this instance; the petitioners must provide the register of registered voters to show that the numbers are conflicting with the number of votes cast and counted.
He held that all allegations of electoral malpractice and irregularities must be proved beyond reasonable doubt.
Kekemeke added that the petitioners did not demonstrate before the court the procedures for accreditation, neither the difference between the numbers of votes shown in the evidence and the alterations made, nor evidence linking to the allegations of malpractice.
“In totality, the petitioners have failed to prove their case in the preponderance of evidence and balance of probability so that they will be entitled for the judgment; neither any case of malpractice was proven beyond reasonable doubt.
“The petition therefore fails and is accordingly dismissed“ he said.
The tribunal further held that there was no proof of evidence in the allegations of neither unlawful votes nor witnesses called to testify that they were disfranchised.
The tribunal added that there are no evidence suggesting that there were alteration and how it affected the results of the election, which of the polling units were altered and what the results were before the alteration.
“No evidence linking the exhibits to the case of the petitioners, the results that were not stamped or signed were not avail to the tribunal.
“The petitioners merely tendered nine sack bags representing the nine Local Government Areas of the District none of them were given evidence linking them to the case in the petitioners demonstration of evidence.