The Kogi Governorship Election Petition Tribunal, which sat in Abuja has upheld the victory of Usman Ododo of the All Progressives Congress (APC) in the November 11 governorship election in Kogi state.
The three-member tribunal led by Ado Birnin-Kudu held that the Social Democratic Party (SDP) and its governorship candidate, Murtala Ajaka failed to prove their allegations that the election was marred by irregularities, manipulations and non-compliance with relevant laws.
In the lead judgment, Birnin-Kudu said the election “was conducted in substantial compliance with the Electoral Act.”
The tribunal held that the petition was bereft of substance and accordingly dismissed.
It also held that all the witness evidence filed before it was incompetent and full of inconsistencies.
The tribunal upheld the submissions of the respondents that the allegations of forgery raised in the petition were pre-election related, which ought to have been raised 14 days after the documents were submitted to INEC.
In another judgement on Monday, May 27, the Bayelsa state governorship election petition tribunal, which also sat in Abuja affirmed the re-election of Governor Douye Diri of Bayelsa state.
The Justice Adekunle Adeleye-led three-member tribunal dismissed the petition filed by the All Progressives Congress (APC) and its candidate in the last governorship election in Bayelsa State, Timipre Sylva.
The tribunal in a unanimous decision, held that the petitioners failed to adduce credible evidence to establish any of the allegations they raised against the outcome of the Bayelsa state governorship poll.
It struck out all the additional proof of evidence as well as statements on oath of some of the witnesses that testified for the petitioners.
The tribunal noted that the electoral law expressly provided that an election petition must be filed not later than 21 days after the result of an election was declared.
It held that such a petition must, at the time it was filed, be accompanied by written statements of all the intended witnesses.
It added that the decision by Sylva and his party to file their additional proof of evidence and statement on oath of witnesses, long after they had filed the petition, was “tantamount to a surreptitious attempt to amend the case of the petitioners.”
The tribunal dismissed the allegation that the deputy governor, Lawrence Ewhrudjakpo, tendered a forged University Degree Certificate and NYSC Exemption Certificate, to the Independent National Electoral Commission (INEC) in aid of his qualification to contest the election.
It held that the allegation was a pre-election matter that ought to be litigated before the Federal High Court, adding that the matter had become statute-barred since the petitioners failed to challenge the genuineness of the certificates, 14 days after it was submitted to INEC.
The tribunal further held that the issue of Ewhrudjakpo’s educational qualification was previously determined by a court of competent jurisdiction.
Noting that Ewhrudjakpo is a legal practitioner, the tribunal said it was satisfied that he was eminently qualified to contest the election.
It noted that whereas Sylva and his party prayed to declare that they were the valid winners of the governorship election, they equally applied for the same election to be declared invalid.
The tribunal found that the prayers of the petitioners were contradictory, adding that Sylva and APC did not tender any electoral material to show that any irregularity occurred during the election.
It proceeded to hold that the petitioners were unable to discharge the burden of proof that was placed on them by the law, stressing that they failed to show, polling units by polling units, the particulars of the non-compliance they alleged and how it substantially affected the outcome of the election.
In his reaction to the judgment Diri commended the Judiciary and said the victory would provide him the opportunity to provide dividends of democracy to his people.
He said the Justices of the Tribunal demonstrated that the Judiciary is truly the last hope of the common man.
Diri pledged to work towards the development of the state.
