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Court Strikes Out Petition Against Borno Lawmaker Following Petitioner’s Withdrawal


The Borno State House of Assembly Election Petition Tribunal sitting in Abuja on Tuesday struck out a petition filed by Alhaji Bulama Bashir challenging the election of Mohammed Zakaria of Dikwa Constituency.

Bashir of the People’s Democratic Party (PDP) had approached the Tribunal seeking the nullification of the election of Zakaria to represent the constituency on the ground of alleged electoral malpractice.

The PDP was joined as co-petitioners, while Zakaria, APC and the Independent Electoral Commission (INEC) were joined as co-respondents.

Delivering ruling, the Tribunal Chairman, Justice Babs Kuewumi, struck out the petition following an application moved by the counsel to Bashir and the APC, Mr Zanna Hamza, seeking to withdraw it.

Kuewumi said: “The application is granted in the interest of peace as prayed and the petition is, hereby, struck out.

“There is no order as to cost against the petitioners.’’

While moving the motion at Tuesday’s sitting, the petitioner’s counsel sought leave of the tribunal to withdraw the petition marked: BO/EPT/HA/1/2015 filed on April 30, 2015.

He gave the reasons for his client’s decision to withdraw his petition as “sincere, cogent and reasonable and being in the overall interest of all the parties and people they represent.’’

It would be recalled that Bashir had argued that the State Assembly election which produced Mohammed as winner was fraught with electoral malpractices.

He had argued that the election was characterized by violence, multiple thump-printing due to nonuse of the Card Reader machines provided by INEC, among others.

Bashir had, therefore, urged the Tribunal to nullify Mohammed’s victory, having been a product of serious breach of the provisions of the 2010 Electoral Act, 2010, as amended.

He had also prayed the court to grant an order directing INEC to conduct a fresh election for Dikwa State Constituency.

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