The Plateau State National and State House of Assemblies, Election Petition Tribunal, (EPT), on Friday in Jos, sacked Hon. Musa Avia Agah, of the Peoples’ Democratic Party (PDP) from the House of Representatives seat for Bassa/Jos-North Federal Constituency.
The tribunal also ordered the Independent National Electoral Commission, (INEC), to return, Muhammad Adam Alkali, of the Peoples’ Redemption Party, PRP, as a valid winner of the February 26th, 2022 bye-election.
The tribunal in a unanimous judgement led by its chairman, Justice Hope O. Ozoh. Khadi Usman Umar, and Justice Zainab M. Bashir, hold that the petitioners have proved their case.
Justice Bashir, while delivering judgment said that it was proving that the PDP did not validly nominate Hon. Musa Agah, having a subsisting judgement of the High Court that affirmed that the PDP had no valid structure in Plateau State to nominate a candidate.
“The PDP had a faulty foundation, as a subsisting judgment of the court of appeal upheld.
“The tribunal holds that the candidate was not validly nominated,” the tribunal upheld.
It further upheld that there was over voting in the results declared by INEC to announce the winner of the 26 February, 2022 bye election.
“The petitioners have proved that there was over voting at 27 polling units in Tudun Wada/Kabing…they have equally proven over voting in some polling units in Bassa LGA,” the tribunal held..
It said a total of more than 13,000 votes were deducted from the more than 40,343 votes declared by INEC in favor of the PDP.
“Therefore, the 1 and 2 respondents scored 26,338 lawful votes, while the 1and 2 petitioners scored 37,441 lawful votes, and returned as valid winners,” it held.
The tribunal awarded N3m cost against the first and second respondents being Hon. Musa Agah Avia and PDP.
Recall that the PDP won the Jos North/Bassa federal constituency by-election held on Saturday February 26, 2022.
The Returning Officer for Jos North/Bassa bye-election, Dr. Oyeyinka Oyerinde had said the candidate of the PDP, Musa Avia Agah won the bye-election having scored 40, 343 to beat the PRP candidate,
Muhammad Alkali who scored 37, 757 votes while Abe Aku of the ruling APC scored 26, 111 votes.