By Aderogba George
Delivering judgment, Justice U.S. Sakwa, a member of the three-man tribunal, dismissed the petition filed by Alhaji Sabo Garba of the PDP, for lacking in merit.
The petitioner had challenged the return of Potiskum on the grounds that he did not score the highest number of lawful votes cast during the Feb. 23 House of Representatives election held in the constituency.
He also alleged that Potiskum had at been convicted for a criminal offence by a court of competent jurisdiction.
The petitioner also alleged that, Potiskum was also convicted on March 3, 1986 by an Upper Area Court 1, Potiskum, for Adultery and prayed the tribunal to declare him unfit to be elected.
But Justice Sakwa held that there was no document before the tribunal to back up some of these allegation raised by the petitioner.
“The petitioner has failed to give particulars that the respondent is a man of unsound mind.
”Besides, an allegation of unsound mind is not a crime.
“There is also no document before this tribunal that the first respondent is still suffering from such illness. This is hereby resolved in favour of the respondent.
“On the issue that the respondent was not duly elected, the tribunal also resolved this in his favour because the petitioner did not adduce document to that effect.
“The allegation of false declaration of age by the respondent was also discountenanced by the tribunal,’’ the Judge said.
The tribunal however ruled against the respondent on the issue where he challenged its jurisdiction to hear the petition, saying that he misconceived the provisions of the law.
Speaking after the judgment, Potiskum dedicated his victory the to the people of Yobe.
Hassan filed the petition on the ground that the Feb. 23 election that produced Bomoi was full of irregularities and that he did not score the highest number of the lawful votes cast during the election.
Hassan had prayed the tribunal to declare him winner of the election.
The tribunal also adjourned till July 31 for adoption of written addresses in the petition filed by Mr Isa-Suleiman Aminu of the Green Party of Nigeria (GPN).