The PDP candidate for the 2019 election into the Sokoto North Senatorial zone, Senator Ahmed Maccido had filed the petition on the grounds that Senator Wamakko did not score the majority of lawful votes cast.
He alleged among others over-voting, and non-compliance to electoral law and INEC guidelines during the senatorial election conducted on the 23rd of February, 2019.
In his Judgment, Chairman of the Tribunal, Justice Peter Akhimie Akhihiero, first ruled on the preliminary objection which had been pending.
Senator Wamakko who raised the preliminary objection had urged the Tribunal to dismiss the petition.
Wamakko described it as statute-barred, noting that it was filed out of time.
In his ruling, Justice Akhihiero stated: “Time begins to run against a plaintiff on the day in which the incident or event giving rise to the course of action, occurred.”
“The petitioners filed the case on 18th March, assuming the result was declared on 25th February, the 21 days stipulated which include the 25th, actually expired on 17th March 2019. It was filed out of time and statute-barred.”
He said notwithstanding, the Tribunal decided to go into the merit of the case.
Delivering judgment on the substantive suit, the judge said the petitioners failed to lead substantial and credible evidence to prove that the election was in substantial non-compliance.
He also pointed out that the best evidence to proof over -voting was that of the polling unit agents who were physically on the ground. The failure of the petitioners to call such witnesses, he said, was futile to the case.
“You have to prove it based on what happened at the polling unit,” the judge asserted, adding that such lapse on the petitioners’ part severely weakened the case.”
Akhihiero also stated that the petitioners dumped bundles of documents on the tribunal without making efforts to link them with the specific polling units and how they affected the election.
“The Tribunal is an adjudicator, not investigator,” he said
