The Abuja Division of the Court of Appeal has upheld Senator Kaka Shehu Lawan of the All Progressives Congress (APC) as the victor of the Borno Central senatorial election held on February 25.
It was determined by the court that the appellants (Barrister Mohammed Kumalia and the Peoples Democratic Party, PDP) were unable to present compelling evidence to support their case, leading to the decision not to overturn the election.
Consequently, the three-member panel of justice, presided over by Hon. Justice Abraham Georgewill, with assistance from Folashade Ojo and Peter Obiora, affirmed the proclamation of Senator Lawan as the legitimate senator representing the Borno Central senatorial district.
Bear in mind that the National Assembly Election Petition Tribunal, which met in Borno on September 8th this year, not only threw out the appellant’s appeals but also confirmed Lawan’s electoral victory as a participant from the ruling All Progressives Congress, APC.
Lawan accumulated a total of 135,043 votes, while Kumalia managed to achieve 63,338 votes.
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Displeased with the results, Barrister Kumalia and his party are pursuing the annulment of the election, claiming that the Independent National Electoral Commission, INEC’s declaration was tainted by irregularities.
During a press briefing in Maiduguri on Thursday, Senator Kaka Shehu Lawan conveyed his satisfaction with the verdict and commended the judiciary for its dedication to upholding justice.
He advised his rival (Kumalia) to leave the political scene and abstain from pursuing unsuccessful petitions.
His words: ‘I thank God for this victory at the Court of Appeal. I want to commend the Judiciary for standing by Justice. I also thank the Vice President of the Federal Republic of Nigeria, His Excellency, Kashim Shettima, the Governor of Borno State, His Excellency, Babagana Zulum, the Deputy National Chairman of our great party, Hon Ali Bukar Dalori, state party Chairman, Hon. Bello Ayuba, their Royal Highnesses, the Shehu of Borno, Bama and Dikwa Emirate Councils, Religious leaders, Borno elders, families and associates, all party supporters, electorates/constituents who stood firm by me during the judicial process. I promise to justify the confidence reposed in me before, during and after the general election, in which, the judiciary has also affirmed today. I promise not to let them down.’
‘Now that the judicial process is over, we have no distraction whatsoever, we are going to concentrate on good governance.’
‘On the other side, as a professional lawyer, I decided to keep quiet, because once a matter is in the court, it is sub judice, and parties stopped from commenting on the matter, that was why I refused to join issues with my opponent who is well known as a serial petitioner, habitual litigant and perennial loser.’
‘Recall that my opponent had a press conference immediately after filing his petition in the tribunal, where he stated that Muktari Betara (member representing Biu/Bayo/Kwayakusar/Shani federal constituency) was the only APC candidate that won election in Borno, contrary to the figment of his imagination, as all the 14 petitions filed before the tribunal by the PDP were dismissed accordingly for lack of merit, and thereby affirming the victory of all the APC candidates.’
‘Kumalia’s case filed against me at the Tribunal and the Court of Appeal were all declared frivolous and dismissed.’
He has no option but to accept defeat, and I further advise him to retire from politics, it is not his game.
‘This is because, all his unfortunate ambition exhibited will never see the light of the day, politics is a game of conviction and not arrogance. Therefore, I want to call on my opponent and his paymasters who stood by him on the fruitless journey to play the games according to the rules, a word is enough for the wise.’
‘We are very much aware of how he (Kumalia) became the PDP senatorial candidate. Now that the court case is over, our legal team will soon activate the ongoing investigation by the police which was halted by the former Inspector General of Police at the instance of Kumalia to avoid indictment’. Senator Lawan explained.
All attempts to reach Barrister Kumalia were unsuccessful as his phone number was not reachable at the time of publication.