The FCT Council Election Petition Appeal Tribunal, sitting at FCT High Court, Jabi, on Friday upheld the election of Mustapha Tanko (PDP), as Councillor for Kubwa Ward in Bwari Area Council.
Delivering judgment, Justice A.O Ebong, a member of a three-man panel held that the appeal petition had merit.
The judgment held that Section 285 (5) (6) of the Constitution which anchored on time frame also applied to the Lower Tribunal in the determination of election petitions filed before it.
The section, according to the judge, stipulates that tribunal is bound to give its decision in writing within 180 days from the date the petition is filed before it.
He said, however, the petition now on appeal was filed on March 29, 2019, but judgment was not delivered until Oct. 16, 2019, which was more than 200 days.
Ebong said the judgment delivered was well over 180 days permitted by Section 285(6) of the Constitution and was without justification, null and void.
He added that the above being the case, Independent National Electoral Commission (INEC), declaration of Tanko as the winner of the March 9, 2019 election, challenged in the lower tribunal, was revived and restored in its full effect.
Ebong, therefore, ordered that the declaration and return of Tanko as the winner of the election held on March 9, 2019, into the office as Councillor, was valid and ordered his reinstatement.
The Judge, in addition, ordered that the Certificate of Return shall be restored forthwith to Tanko and any certificate that had been issued to the respondent, Adamu Dakwa (APC), pursuant to the void judgment of the lower tribunal should be withdrawn by INEC.
Ebong added that there was no point to consider in the other issues raised in the appeal as they had become academic.
Justices C. O Agbaza and O. A Adeniyi at the end of the judgment reiterated that they aligned themselves with the judgment delivered.
The News Agency of Nigeria ( NAN) reports that the Lower Tribunal had on Oct. 16, 2019 upturned the election of Tanko of Peoples Democratic Party (PDP), based on non-compliance with Electoral Acts.
The Lower Tribunal then ordered that Certificate of Return be issued to Dakwa of All Progressives Congress (APC).
