The Court of Appeal, Abuja Division on Thursday affirmed Senator Kaka Shehu Lawan of the All Progressives Congress (APC) as the winner of February 25 senatorial election for the Borno Central senatorial seat.
The court held that the appellants (Barrister Mohammed Kumalia and his party, Peoples Democratic Party, PDP) were unable to prove their case before the court to warrant the nullification of the election.
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The three-man panel of justice led by Hon. Justice Abraham Georgewill, assisted by Folashade Ojo and Peter Obiora therefore upheld the declaration of Senator Lawan as duly elected senator representing the Borno Central senatorial district.
Recall that the National Assembly Election Petition Tribunal, sitting in Borno on Friday 8th September this year, did not only dismissed the appelants petitions, but also affirmed the election victory of Lawan who contested on the platform of the ruling All Progressives Congress, APC.
Lawan scored one hundred and thirty five thousand and forty three 135,043, while Kumalia managed and scored sixty three thousand, three hundred and thirty eight 63,338 votes.
Dissatisfied with the outcome, Barrister Kumalia and his party seek for nullification of the election, alleging that the result declared by the Independent National Electoral Commission, INEC were marred with irregularities.
Addressing Journalists in Maiduguri on the outcome of the verdict on Thursday, Senator Kaka Shehu Lawan expressed satisfaction on the judgement, and commended the judiciary for standing by justice.
He asked his opponent (Kumalia) to retire from politics and desist from engaging in failed petitions.
His words: ” I thank God for this victory at the Court of Appeal. I want to commend the Judiciary for standing by Justice. I also thank the Vice President of the Federal Republic of Nigeria, His Excellency, Kashim Shettima, the Governor of Borno state, His Excellency, Babagana Zulum, the Deputy National Chairman of our great party, Hon Ali Bukar Dalori, state party Chairman, Hon. Bello Ayuba, their Royal Highnesses, the Shehu of Borno, Bama and Dikwa Emirate Councils, Religious leaders, Borno elders, families and associates, all party supporters, electorates/constituents who stood firm by me during the judicial process. I promise to justify the confidence reposed in me before, during and after the general election, in which, the judiciary has also affirmed today. I promise not to let them down.
” Now that the judicial process is over, we have no distraction whatsoever, we are going to concentrate on good governance.
“On the other side, as a professional lawyer, i decided to keep quite, because once a matter is in the court, it is sub judice, and parties estopped from commenting on the matter, that was why i refused to join issues with my opponent who is well known as a serial petitioner, habitual litigant and perennial loser.
“Recall that my opponent had a press conference immediately after filing his petition in the tribunal, where he stated that Muktari Betara (member representing Biu/Bayo/Kwayakusar/Shani federal constituency) was the only APC candidate that won election in Borno, contrary to the figment of his imagination, as all the 14 petitions filed before the tribunal by the PDP were dismissed accordingly for lack of merit, and thereby affirming the victory of all the APC candidates.
“Kumalia’s case filed against me at the Tribunal and the Court of Appeal were all declared frivilous and dismissed.
He has no option than to accept defeat, and I further advice him to retire from politics, it is not his game.
” This is because, all his unfortunate ambition exhibited will never see the light of the day, politics is a game of conviction and not arrogance. Therefore, i want to call on my opponent and his paymasters who stood by him on the fruitless journey to play the games according to the rules, a word is enough for the wise.
“We are very much aware of how he (Kumalia) became the PDP senatorial candidate. Now that the court case is over, our legal team will soon activate the ongoing investigation by the police which was halted by the former Inspector General of Police at instance of kumalia to avoid indictment”. Senator Lawan explained.
All efforts to get Barrister Kumalia did not yield positive outcome at press time, as his phone number was not recheable.
