The Taraba State Governorship Election Tribunal Judgment : Am I the only one Lost here ? A Brief Analysis.
The Taraba State Governorship Election Tribunal Sitting in Abuja earlier today nullified the Election of Darius Ishaku as Governor on the Grounds that the PDP Primary election that produced the latter as the Flagbearer was fraught with irregularities and was not in conformity with Section 87 of the Electoral Act 2010 (As Amended) and afterwards declared him unqualified to contest for the election thereby declaring Aisha Alhassan the winner of the Gubernatorial Election held on April 11, 2015. The tribunal hinged it's decision on the doctrine of WASTED VOTES.
And I still ask myself these questions:
1. Since when do Election Tribunals dabble into pre-election matters to the extent that it will form a basis for its Judgment?
Issues emanating from primary elections are within the realm of Pre-Election Matters and to best of my Knowledge is treated by Regular Courts i.e Federal High Court or High Court of A State see Section 87(10) of the Electoral Act as amended see also Rotimi Amaechi V INEC, Duokpolagha V George (1992) 4 NMLR (pt.236) 444.
FurtherMORE Since the "PARTY" is sponsor of the candidate, one would have believed that the rightful winner of the Primaries shabbily conducted as seen in Celestine Omehia V Rotimi Amaechi would have been declared winner.
Bereft of that;
2. Where an Election Tribunal declares the winner of an election "unqualified" the consequent effect is to order for a fresh Election. The election tribunal can only declare the runner up, winner where the election is nullified on the grounds that the purported winner did not acquire the highest number of valid votes cast as seen in Peter Obi V INEC.
This Judgment is at best laughable, is there any contrary view ?
Bring it ON#
By Atuchukwu chidubem