Lawyer for Dr. Mahama Tia Kabiru, the disputed parliamentary candidate-elect for the New Patriotic Social gathering (NPP) within the Walewale constituency, has expressed disappointment following a court docket ruling nullifying the occasion’s parliamentary major.
The ruling, delivered by the Tamale Excessive Court docket on Monday, September 2, 2024, has sparked issues amongst Dr Kabiru’s supporters.
Based on the presiding choose, Justice Richard Kogyapwah, the complete judgment will probably be launched on Thursday, September 12, 2024.
The lawyer for Dr Kabiru, Samson Lardi Anyenini, argues that the ruling unfairly favours the plaintiff, incumbent member of parliament Hajia Lariba Zuweratu.
“The underside line is that after it was established by truth, not concoction, by pure proof, documentary, phone dialog and video encounters to indicate that the elections have been honest, our level was that the regulation is that in the event you commit a criminal offense, you’ll not profit out of your crime.
“As soon as the plaintiff was discovered to be the one who acquired the individuals impersonating the six lifeless individuals, and who acquired the individuals impersonating the absentees, she should not profit from her fallacious. The regulation is that in the event you commit a fallacious, you could not profit. So our expectation was that the court docket would say, Sure, we discovered this, that it occurred, however the one that did that’s the one who has come to court docket, the plaintiff, so she should undergo, and never get a judgment in her favour,” he defined.
The defendant, Dr Kabiru insists he did nothing fallacious within the polls and can discover all choices to clear his identify.
“You’ve got dedicated an illegality and you’re in court docket to make use of the identical illegality to punish somebody. I’ve by no means seen this sort of injustice,” he mentioned.
Chatting with journalists after the proceedings, the lawyer for the plaintiff, Sylvester Isang, mentioned “It’s higher late than by no means.
“We consider that the occasion, in the intervening time, may even disregard what has occurred in court docket. The occasion has the constitutional mandate to reopen nominations and even disregard the 2 candidates and invite different people who find themselves keen to return ahead.”
The court docket’s determination is available in response to a problem to the election outcomes by the sitting Member of Parliament (MP), Hajia Lariba Zuweira Abudu.
The election, which occurred below stringent safety measures and was attended by regional and constituency executives, resulted in a victory for Dr. Kabiru with 345 votes, in comparison with the sitting Member of Parliament (MP), Hajia Lariba Zuweratu’s 338 votes.
Within the major, two different candidates, Tahiru Sham-Una and Jangdoo Mahama, obtained 145 and 1 vote, respectively.
Hajia Lariba Abudu promptly disputed the election outcomes and lodged an ex parte movement on the Tamale Excessive Court docket, accusing the occasion, Dr Kabiru, and the Electoral Fee of electoral irregularities and misconduct.
She requested an injunction to cease Dr Kabiru from declaring himself the victor, a request that was granted.