Justice Dele Omotosho, in his judgment at the Zone ll Magistrate Court, Abuja, held that the petitioner failed to prove the allegation of substantial non-compliance to the electoral act in the conduct of the election.
Omotosho however, in his descenting judgment, allowed the petition and nullified the election of Governor Masari.
Omotosho held that Masari was qualified to have contested the election and that the petitioners were not able to prove the allegations which they hinged their petition.
In the majority judgment, chairman of the panel, Justice Hadiza Alijos and Justice Ityonuyiman, held that the petitioners failed to prove the allegations of non-compliance to the electoral act in the conduct of the election that produced Masari as winner.
Lado in his petition filed by his counsel, Goddy Uche, asked the tribunal to nullify the election and order for a rerun over alleged irregularities.
The PDP and its candidate also prayed that the tribunal should disqualify Masari who won the disputed election on the grounds that he had no requisite educational qualification to contest the election.
Lado questioned the governor’s qualification to contest the 2019 governorship election, pointing out that records in Masari’s documentation with INEC, tendered as exhibit by his counsel, Gordy Uche, showed that Masari and his father were both 69 years old.
The petitioner asserted that an affidavit deposed to by Masari’s father, Umaru Bello showed that while his son was born on May 29, 1950, his father was 51 years as at the time of declaration on Aug. 9, 2001.
This it said was exactly 69 years in 2019 and the same age with his son.
He also alleged that another area of discrepancy before the tribunal was the inconsistent dates of birth on Masari’s primary school leaving certificate, saying it differs from the sworn declaration of age.
“While the declaration of age indicated that Masari was born in 1950, the primary certificate on the other hand stated that he was born in 1951,” Lado said.
He also claimed that just as the same primary school certificate in question belongs to one Aminu Bello, a Fulani, the respondent is known and addressed as Aminu Bello Masari, Hausa by tribe.
Edited by Kayode Olaitan
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