The National and State Elections Petition Tribunal sitting in Birnin Kebbi, Kebbi State Tuesday, nullified the election of the Senator representing Kebbi Central senatorial district, Senator Abubakar Atiku Bagudu, and declared former governor of the state, Senator Adamu Aliero, as the winner of the election.


The tribunal also ordered the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return from Bagudu and issue it to Aliero as the lawful winner of the election.
Aliero was former Minister of the Federal Capital Territory (FCT).


Chairman of the tribunal, Justice Alero Edodo Eruaga, along with Justice Muhammad Inuwa Ali, and Justice Adedotun Grace Onibokun, in their 19-page ruling, said the application brought by Bagudu, the Peoples Democratic Party (PDP) and INEC for the tribunal to set aside the July 30 invocation of paragraph 18(11) lacked merit.


Before Tuesday’s ruling, the tribunal had on July 30, this year, invoked paragraph 18(11) of the Electoral Act on Bagudu, PDP and INEC for their failure to produce the report of their inspection of polling materials before the tribunal whereas Aliero and the Congress for Progressive Change (CPC) complied.According to him, the argument of the respondents as regards the issue on report of inspection material had been contradicted, thereby compelling the tribunal to dismiss it.


“Election petitions are distinct from the ordinary civil proceedings. It is such that in certain circumstances that slightest default in complying with a procedural step which otherwise could either be cured or waived in ordinary civil proceedings could result in fatal consequences to the parties, these averment were neither contradicted and/or controverted nor was there an opposition to the written addresses.


“It is trite that were depositions in a counter affidavit are not specifically denied by way of a further affidavit in support of an application such evidence or deposition in the counter affidavit will be deemed as the truth of the matter and the court can act on it,” he said.


“That a lack of reaction contrarily to the submission of counsel is deemed to be a concession to the point of being made. Based on the above principles of law we hereby affirmed our judgment of July 30, this year, and order the 3rd respondent to withdraw the certificate of return issued to the 1st respondent, Senator Abubakar Atiku Bagudu, of the Peoples Democratic Party (PDP) and issue a Certificate of Return to the 1st petitioner, Senator Muhammad Adamu Aliero of the congress for progressive change as the lawful person to represent Kebbi Central Senatorial District of the Federal Republic of Nigeria,” Eruaga averred.


The judge reminded the parties that the jurisdiction of an Election Tribunal to deal with election petition was a very special nature different from that of an ordinary civil case, adding that: “It is plain that the proceedings are special for which special provisions are made under the constitution.”