In the minority judgment, Justice Ibrahim Sirajo, Chairman of the tribunal, held that the petitioners, PDP and Adeleke failed to prove how the non-compliance of non-recording in the columns of accredited votes and account of ballots in the result sheets substantially affected the final results.
He further stated that even when non substantial compliance affects the outcome of the election, the tribunal, by virtue of Section 140(2) of the Electoral Act, does not have the power to subtract the votes affected by the non-compliance from the scores of the candidates and announce a winner.
According to him the tribunal only has the power to nullify the results of the Polling units affected by the noncompliance and order a supplementary poll.
He concluded that even if the non-compliance was substantial, it was not proved by the petitioners