In its judgement, the three-member panel of judges led by Justice Flora Azinge held that the petitioner failed to prove the allegations of overvoting and non-collation of results in 25 polling units in the constituency during the election.
The tribunal averred that the petitioner failed to prove the allegations of irregularities by presenting insufficient, incredible witnesses to prove his assertion.
Similarly, the tribunal held that the witnesses presented by the petitioner were “second-hand and hearsay witnesses”.
“In their testimonies on oath, the witnesses testified that they were not in polling units, where the allegations of overvoting occurred. They are not worthy to believe.
”None of the witnesses adduced that evidence derived from their direct experience are not credible to be believed.
“He also presented irrelevant documents to prove the allegations of irregularities, overvoting, and not being in compliance with the Electoral Act, 2022.
“The tribunal will not grant the reliefs sought by the petitioner against the respondents without him presenting the BVAS Machine and the Voter register in all the polling units where the overvoting is alleged to have occurred.
“The petitioner failed to discharge the burden of proof against the respondents.
“We have no duty to stop the return and declaration of Sagir Koki by INEC, as the winner of the Kano Municipal Federal of House of Representatives Election held on 25th February 2023.
“The sum of N100,000 cost is hereby awarded in favour of the Respondents against the Petitioner.
“The petition is hereby dismissed for lack of evidence,” Justice Flora ruled.
