In a 2/1 the dissenting judge Justice Ohimai Obviagele of the tribunal considered that the only issue for determination is either Bello was returned on the majority of lawful votes, to which he answered in the negative, OBSERVERS TIMES REPORT.
The Judge dealty extensively on the expert evidences of forensics expert PW19, whose evidences wasn’t challenged by any of the three respondents counsel, the Judge further held that when there is no contradiction or challenge to an expert evidence, the court is duty bound to accept such evidence. The judge held that in the seven local government in dispute, the expert forensic evidence clearly showed that 234,000 unlawful and illegal votes were credited to second respondent which is Yahaha Bello by INEC , OBSERVERS TIMES report.
This unlawful votes of deducted from the 406,000 votes of Yahaya Bello the petitioner would have the majority of the lawful votes in that election.the dissenting judge also agreed that the petitioner has proved the violent during the election through exhibit P146 and P147 which involved the used of Helichopter played in the open court and evidences of dead body tendered by PW32, which was admitted in evidence. On the totality of the evidences before the tribunal therefore the second responder was not duelly elected by majority of the valid votes. “I therefore, nullified the election of the second respondents, and ordered INEC to withdraw the certificate of return issued to him and also conduct fresh election within 90 days in Thais seven local government being challenged” OBSERVERS TIMES REPORT .
Dissenting judgment, Justice Ohimai Obviagele held that there were evidence of massive fraud in seven local government areas and subsequently ordered for a rerun in the seven local government areas.
Justuce said he nullified the election and order immediate withdrawal of the INEC certificate of return,