The Borno Election Petitions Tribunal sitting in Abuja on Tuesday dismissed a suit filed by Mohammed Abba-Aji of the Peoples Democratic Party (PDP) challenging the election of Governor Kashim Shettima of the All Progressives Congress (APC).
Abba-Aji, a senator, is challenging the return of Mr Shettima as winner of Borno Central Senatorial seat.
Mr Abba-Aji represented the zone between 2003 and 2007.
In a petition with number EPT/BO/SEN/3/2019 dated March 17, filed before the Tribunal sitting in Abuja and made available to NAN,“ Mr Abba-Aji argued that there was over voting in seven wards and evidence of corrupt practices and non- compliance to the provision of the Electoral Act.”
Also joined in the suit are the APC and the Independent National Electoral Commission (INEC).
Ruling on the application for withdrawal of the petition filed by Mr Abba-Aji, the tribunal headed by Justice Peter Kekemeke dismissed it for lack of merit.
“The petitioners have not complied with the provision of section (49) of the 1st Schedule of the Electoral Act.
“It is our view that the petitioner’s application lacks merit and so failed’’, he held.
Mr Kekemeke also dismissed application of Mr Shettima and APC for praying the tribunal to dismiss of the petition for also lacking in merit.
“However, the petition had turned academic in pursuant to paragraph 15 (4) of the 1st Schedule of the Electoral Act, 2010 as amended, this petition is accordingly dismissed’’, he held.
Mr Abba-Aji had earlier sought an order of the tribunal, mandating INEC to withdraw the Certificate of Return issued to Mr Shettima because the election was marred by corrupt practices and non- compliance with electoral Act.
He is also sought for an order mandating INEC to conduct a fresh election to the seat of Borno Central Senatorial District.