Tribunal Upholds Ekweremadu, Gbajabiamila’s Election

THE National and State House of Assembly Election Petition Tribunal in Enugu yesterday dismissed a petition by the All Progressives Congress (APC) senatorial candidate for Enugu West, Chief Philip Chukwudi Eze, challenging the victory of Deputy Senate President, Sen. Ike Ekweremadu.

Chairman of the tribunal, Justice Michael Edem, struck out the petition on the basis that it lacked substantial evidence, while awarding a sum of N60,000 in favour of Ekweremadu, the Independent National Electoral Commission (INEC) and the last respondent.

Edem said the petitioner failed to prove his case, adding that the evidence adduced in the trial showed that the petitioner was included and not “excluded” in the senatorial election, which held on March 28, 2015.

At the conclusion of the election, INEC had declared Ekweremadu of the Peoples Democratic Party (PDP) as winner. Unsatisfied, Eze had approached tribunal complaining that he was excluded from the election.

But delivering the judgment yesterday, the tribunal held that: “The petitioner forgot to remember that in law, he who asserts must prove. The petitioner first asserted and must prove. Pleading without evidence amounts to no issue”.

Justice Edem also held that INEC was not guilty since the commission was not served.”I hold that INEC was not served. INEC can only know if it was served. Not being served, INEC is not guilty,” he said.

Also yesterday, the Lagos State National Assembly Election Petitions Tribunal upheld the victory of the Majority Leader of the Federal House of Representatives, Femi Gbajabiamila as declared by the Independent National Electoral Commission (INEC).

The candidate of the Peoples Democratic Party (PDP), Mr. Tony Ashikodi petitioned the tribunal, challenging the declaration of Gbajabiamila as the winner of the March 28, 2015 election.

Ashikodi had alleged that the election was characterised by irregularities and a breach of the guidelines set out by INEC for the conduct of the election. He had also prayed the tribunal to order a fresh conduct of  election, arguing that Gbajabiamila did not score the highest number of valid votes as declared by INEC.

Counsel to the petitioner, Kalu Onuah said the tribunal was bound to declare  null and void the declaration by INEC that Gbajabiamila won the election, in compliance with Section 53 (2) of the Electoral Act, 2010 which mandated the nullification of any election where the number of votes cast exceeded the number of registered voters.

Onuah submitted that the result sheets were not signed and counter-signed by the agents of the candidates at the polling units should lead to the nullification of the result.

In their response, counsel to Gbajabiamila and APC, Omotayo Olatunbosun and T.N Olaitan, respectively, said the petitioner’s counsel misconceived the law and misrepresented the facts.

They argued that none of the exhibits tendered by the petitioner and his party alluded to any of their claims that the was irregularities in the conduct of the election

However, while delivering judgment, the panel headed by Justice C. U. Anwuka dismissed the petitions and resolved all the issues raised in favour of the respondents.

The judge said the petitioner had failed to prove its case beyond reasonable doubt, adding that the PDP candidate failed to substantiate his allegations of ballot boxes snatches and falsification of result sheets by not calling witnesses to justify his claim.

Meanwhile, Senator representing Ogun East Senatorial District, Senator Buriji Kashamu lost his seat yesterday as the State Election Petition Tribunal annulled his election. Justice Tobi Ebiowei-led three-man tribunal sitting in Abeokuta, the state capital, annulled the election and ordered the Independent National Electoral Commission (INEC) to organise re-run elections in 110 polling units within 90 days. Kashamu contested on the platform of the Peoples Democratic Party (PDP) against All Progressives Congress (APC) candidate, Dapo Abiodun.

Abiodun had gone to court to challenge the victory, alleging that there were massive electoral malpractices in many polling units. The House of Representative member representing Ijebu-North, Ijebu-East, Ogun Waterside, Adesegun Adekoya also lost his seat as the Tribunal ordered re-run in 222 polling units of the constituency within the next 90 days. In all, the Tribunal gave 12 judgments. It ordered fresh elections in some constituencies and local government areas, upheld three of the petitions and dismissed three.

Justice Ebiowei who read the judgments ordered INEC to take into cognisance during the conduct of the fresh polls, the 146,533 valid votes cast during the March 28, 2015 National Assembly polls in the Ogun East Senatorial district, which Kashamu represents. The Tribunal Chairman said: “We do not feel comfortable to nullify elections in Ogun East when 146,533 votes are valid because of 37,008 unlawful votes.” Abiodun had in his petition before the tribunal alleged that Kashamu’s election had failed to comply with the 2010 Electoral Act. He also alleged irregularities and malpractices were perpetrated during the March 28 election won by Kashamu.On the petitions arising from the conduct of the April 11 House of Assembly elections, the tribunal ordered the conduct of fresh polls in Ijebu-Ode, Ijebu East, Ipokia and Ijebu North state constituencies.The tribunal ordered rerun in 14 polling units in Wards 6 and 7 in Ijebu Ode State Constituency where a former deputy speaker of the state Assembly, Tola Banjo had challenged Wale Alausa as the winner of the election.