THE National and State Assembly Elections Petition Tribunal sitting in Abeokuta yesterday ruled that the emergence of controversial politician, Chief Buruji Kashamu, as winner of the March 28 Senatorial Election in Ogun East was substantially fraudulent.
Consequently, the tribunal nullified the poll result and ordered a re-run election in 110 polling units in the senatorial district within 90 days.
Kashamu vowed to go on appeal immediately.
The tribunal also nullified the election of the Peoples Democratic Party (PDP) House of Representatives member from Ijebu North/Ijebu East /Ogun Waterside, Prince Segun Adekoya, and those of state legislators from Ijebu Ode, Ipokia, Ijebu North 1, Egbado North 11 and Ijebu East for fraud.
Delivering judgment in the petition filed by Prince Dapo Abiodun of the All Progressives Congress (APC) against Kashamu, the chairman of the Ogun Tribunal, Justice Ebiowei Tobi, said election in the 110 units were marred by irregularities and non-compliance with the electoral laws.
He cited discrepancies in entries in the documents of the Independent National Electoral Commission (INEC).
The Tribunal ruled that only 146, 533 of the votes cast were valid while 37,008 were invalidated.
This leaves Kashamu with 75, 856 votes and Dapo Abiodun (petitioner) with 70, 677 votes.
Votes returned in favour of the two politicians in the rerun will be added to the figures ascribed to them by the court yesterday.
The Judge noted that the Tribunal would find it “very uncomfortable” should it decide to cancel the entire result of Ogun East Senatorial election because of mere 37, 008 invalid votes, hence the order for a fresh election in some polling units.
He said though Kashamu led the Petitioner by a total of 5, 179 votes, that figure is not substantial enough to warrant his being declared winner of the election.
The Tribunal also ordered a re-run in 122 polling units in Ijebu North, Ijebu East and Ogun Waterside Federal Constituency within 90 days in the petition against Rep. Segun Adekoya.
The court held that the petitioner, Biyi Ismail of the APC had proved that the election was marred by irregularities and malpractices in the affected units.
Earlier, the tribunal nullified the election of five PDP members of the State Assembly from Ijebu Ode, Ipokia, Ijebu North 1, Egbado North 11 and Iebu East,but upheld the election of four others.
The Tribunal held that allegations of “substantial irregularities” and non-compliance with the Electoral Act 2010 (as amended) in some of the polling units of the affected areas, were established by the petitioners.
Kashamu’s lawyer, Mrs Ifeoma Esom, said the Senator and other PDP candidates whose elections were nullified by the Tribunal would go to the Court of Appeal.
Speaking with reporters shortly after the court verdict, Mrs Esom said her clients were “disatisfied with the judgement.”
Kashamu himself said in his reaction that it was erroneous to say that the tribunal nullified his election.
He said: “I’m still leading with 5,179 votes. I am left with 75,856 votes while Dapo Abiodun has 70,677 votes. How does that amount to the nullification of my election?
“What the tribunal said is that there would be a rerun in those polling units. Until the rerun is done, I remain the Senator representing Ogun East.”
Ekwunife floors Umeh
The Anambra State National and State Assemblies Election Petition Tribunal upheld the election of Senator Uche Ekwunife of the People’s Democratic Party (PDP) in Anambra State.
It dismissed the petition filed by Chief Victor Umeh of the All Progressives Grand Alliance (APGA).
The three-man election petition tribunal, led by Justice Nayai Aganaba, resolved all the issues prayed by Umeh and APGA in favour of Ekwunife.
Similarly, the tribunal resolved in favour of Hon. Anayo Nnebe of PDP of the House of Representatives, against Chief Godson Ezenagu of APGA in the Awka North and South federal constituency.
But the tribunal declared Ferdinand Nwankwo of APGA as winner of the Anaocha/ Njikoka/ Dunukofia federal constituency election. He took over from Emeka Ezeh of the PDP, who was proclaimed winner by the Independent National Electoral Commission (INEC) after the election of March 28, 2015.
Umeh’s counsel, Obele Chuka Obele, said yetserday that his client would proceed to the Court of Appeal to seek the reversal of the tribunal’s verdict.
Addressing reporters yesterday after the judgment, Senator Ekwunife described the judgment as a true reflection of what happened during the election, adding that APGA was only too desperate.”
She said that Senator Chris Ngige, who was nominated as a minister by President Muhammadu Buhari, would be given accelerated passage in the Senate.
She described Ngige’s appointment as well deserving.
Tribunal upholds Gbajabiamila’s election victory
The National Assembly Election Petitions Tribunal sitting in Ikeja, yesterday upheld the victory of the Majority Leader of the Federal House of Representatives, Femi Gbajabiamila.
The tribunal declared that Gbajabiamila of the All Progressives Congress (APC) validly won the March 28, 2015 election for Surulere Federal Constituency I in Lagos State.
The three-man tribunal, led by Justice C.U. Anwuka, resolved all issues raised in favour of the respondent and dismissed the petition filed by the People’s Democratic Party (PDP) candidate, Mr. Tony Ashikodi, for failing to prove the allegations of electoral fraud.
Gbajabiamila was declared winner of the poll by the INEC after securing 21,715 votes, while Ashikodi polled 14,550 votes.
Ashikodi had sought to nullify Gbajabiamila’s victory by alleging that the election was characterised by irregularities and a breach of the guidelines set out by INEC.
The petitioner had also prayed the tribunal for an order to conduct a fresh election, arguing that Gbajabiamila did not score the highest number of valid votes as declared by INEC.
Delivering judgment, the chairman of the tribunal, Justice C. U. Anwuka dismissed the petitions and resolved all the issues raised in favour of the respondents.
Justice Anwuka said the petitioner had failed to prove his case beyond reasonable doubt, adding that the PDP candidate failed to substantiate his allegations of ballot box snatching and falsification of result sheets by not calling witnesses to justify the claims.
The Tribunal also faulted Ashikodi’s claim of multiple irregularities adding that the petitioner admitted in his evidence-in-chief that he was not present at the collation centre.
Anwuka further said that the petitioner did not link any document tendered with his allegation of irregularities.
Osun Tribunal upholds APC Rep’s election
The Osun state election petition tribunal sitting in Osogbo, the state capital, yesterday upheld the victory of Hon Yinka Ajayi, representing Ifelodun/Boripe/Odo-Otin federal constituency in the National Assembly.
The three-man judge, led by Justice Kwajaffa A. G, dismissed the petition of Hon Kayode Oduoye of Peoples Democratic Party (PDP) for lack of merit.
Hon. Oduoye was challenging the declaration of Ajayi in the National Assembly elections by Independent National Electoral Commission (INEC).
He alleged that Ajayi and his party, All Progressives Congress (APC), connived with the third respondent (INEC) to rig the election.
The petitioner also alleged that the election was characterised by irregularities, urging the tribunal to declare it null and void.
However, the tribunal in its ruling dismissed the evidence of the petitioner’s witnesses as hearsay, stressing that the petitioner failed to prove his petition beyond reasonable doubt.
Reacting to the judgment, lead-counsel to the petitioner, Mr Henry Odunayo, said he would explore the next line of action in seeking justice.
But counsel to the respondents, Mr Wale Afolabi, Ibrahim Lawal and Olorunfemi Olalekan, lauded the tribunal for objective and careful evaluation of witnesses in the petition.
Corrupt judges belong to hell, says panel chair
The chairman of National and State Houses of Assembly Election Petition Tribunal sitting in Abeokuta, Ogun State, Justice Ebiowei Tobi, yesterday rained curses on anyone who attempts to buy justice in the petitions before him.
In his opening address preparatory to the delivery of the tribunal’s judgments in a dozen of petitions before the court, said he and his colleagues had come to the state for the assignment with integrity and would also leave at the conclusion of the task with their integrity intact .
He therefore invoked the wrath of God against anyone, including himself and the two other members of the panel, who took money in a bid to influence justice in all the petitions before them, saying corrupt judges should be sentenced to a location near satan in hell.
The Tribunal chairman noted that some people are given to making brisk business and money out of election cases by trying to influence justice.
He lamented that judges in Nigeria have found themselves in a precarious situation where a party that wins in court goes about hailing them while the losers also go about casting aspersions.
According to him, this situation may not change soon “as long as the Nigerian society remains the way it is.”
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