In a 28-page decision, the nine-man HRET annulled Abubakar’s proclamation by the provincial board of canvassers, ruling that his winning margin of 2,040 votes was just a "presumptive lead."
"The plurality of votes belongs to Jaafar who garnered 27,257 votes as against Abubakar who obtained 25,705 votes," it said.
Based on the recount, Jaafar, who served as congressman in the ninth, 10th and 11th Congress, had a margin of 1,552 votes over Abubakar.
Shortly after the May 2004 polls, the Commission on Elections declared Abubakar the winner with votes totaling 37,720 compared to Jaafar’s 35,680 votes.
Jaafar, however, was unconvinced and filed his electoral protest in June 2004, questioning the tabulation in 10 of Tawi-Tawi’s municipalities, among them Panglima, Sugala, Mapun, Bongao, South Ubian, Simunul, and Sitangkai.
The HRET is headed by Supreme Court Justice Leonardo Quisumbing, with Justices Angelina Gutierrez and Ma. Alicia Martinez, Reps. Douglas Cagas, Salacnib Baterina, Laurence Wacnang, Mauricio Domogan, Romualdo Vicencio and Ruy Elias Lopez as members.