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Tribunals uphold electoral victories of Saraki, Egwu, Rafiu, Odebunmi, others

By Abiodun Fagbemi, Ilorin, Iyabo Lawal, Ibadan and Nnamdi Akpa, Abakaliki
14 October 2015   |   1:41 am
The National Assembly Petition Tribunal sitting in Ilorin has upheld the election of Senate President, Bukola Saraki as the Senator representing Kwara Central in the upper chamber

Saraki-CopyThe National Assembly Petition Tribunal sitting in Ilorin has upheld the election of Senate President, Bukola Saraki as the Senator representing Kwara Central in the upper chamber.

Chairman of the three-man tribunal, Justice Josiah Majebi, upheld Saraki’s election yesterday while delivering a judgment in the petition filed by Alhaji Abdulrahman Abdulrasaq of the Peoples Democratic Party (PDP).

The PDP Senatorial candidate had approached the tribunal to challenge the victory of Dr. Saraki in the March 28, 2015 election.
The tribunal also upheld the election of Rafiu Ibrahim as duly elected to represent Kwara South in the Senate. Lola Ashiru had filed a petition challenging the victory of Ibrahim.

Justice Majebi held that the petitioner failed to prove the reliefs sought against the first respondent.
He declared that the PDP candidate failed to prove that he scored the highest number of credible votes cast in the election.

He also agreed with Saraki’s counsel that the petition was incompetent as it was filed outside the stipulated 21 days allowed by the Electoral Act 2010.

Justice Majebi said that the tribunal lacked jurisdiction to hear the petition based on the fact that it was filed out of stipulated time frame.

He, however, said that the tribunal would go ahead to look at the grounds of appeal and merit of the matter.
Speaking with reporters after the judgment, Personal Assistant (PA) to the PDP Senatorial candidate, Abdulrasaq Mohammed, said that his principal would surely contest the judgment at the Court of Appeal.
National and State Assembly election petition tribunal sitting in Abakaliki, Ebonyi State yesterday also upheld the victory of former Governor, Sam Egwu, representing Ebonyi North Senatorial District, and Obinna Ogba (Ebonyi Central). The two senators are of the PDP.
The tribunal also upheld the election of Linus Okorie of the PDP as member representing the Ohaozara/Onicha/Ivo Federal Constituency.
The Labour Party (LP) candidate for the March 28, 2015 Senatorial Election in Ebonyi Central, Nnanna Elechi, who is also the son of the former governor of the state, Martin Elechi, had gone to the tribunal challenging election of Obinna Ogba of the PDP.

In its two-hour judgment read by the Chairman, Justice Joel Ayga, the tribunal said that most of the paragraphs of the petition bordered on criminal allegations against some persons and institutions that were not parties to the petition and therefore expunged the paragraphs.

The tribunal maintained that some of the paragraphs of the petition were vague, generic, ‘lacking in particulars and specifics, as well as imprecise.’

It also noted that some documents, including forensic examination, results sheets and voter register brought before the tribunal by the petitioner’ witnesses, who were not pleaded nor listed in the petition, were brought outside the 21-days stipulated period.

The tribunal noted that the petitioner failed to prove allegations of irregularities, non-compliance with the Electoral Act and other allegations in the petition beyond reasonable doubt and therefore dismissed the petition for lacking in merit.

In Oyo State the tribunal, sitting in Ibadan yesterday, upheld the victory of Dokun Odebunmi, representing Ogo-Oluwa/Surulere Federal Constituency in the House of Representatives.Odebunmi is the only federal lawmaker from Oyo State, who was elected on the PDP’s platform.

Candidates of the LP, Israel Ogundiran, and the All Progressives Congress (APC), Matthew Abioye dragged him to the tribunal.
The petitioners had prayed the panel to nullify the results announced by the Independent National Electoral Commission (INEC), alleging that the election was marred with irregularities and lack of qualification to contest the poll.

The three-man panel, presided over by Justice Oluwatoyin Taiwo however dismissed the petitions saying the petitioners failed to prove that Odebunmi was not qualified to contest the election.
Besides, the tribunal held that the petition lacked merit.
“The petitioners were only able to provide the catalogue of various election malpractices and false records without any concrete evidence to substantiate the claims.’

The APC candidate had asked the court to nullify the election as a result of an alleged falsification of results, malpractices, rigging and non-compliance with the provision of the electoral act.

Odebunmi in his reaction dedicated the victory to God and the people of his constituency for their prayers and support.
“I am optimistic that PDP will bounce back soon. As the only legislator from the Oyo State chapter of PDP, I am working with other stakeholders, particularly the PDP legislators in Abuja to ensure we rebuild the party and by the grace of God, we will achieve something great,” he said.

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