Election Petition Tribunal Uphelds Omoworare’s Election | Independent Newspapers Limited
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Election Petition Tribunal Uphelds Omoworare’s Election

Posted: Oct 12, 2015 at 5:34 pm   /   by   /   comments (0)

……….Slam PDP, Fadahunsi N150,000 fine

By Gbenga Faturoti,


The Election Petition Tribunal Sitting in Osogbo Monday upheld the victory of Senator Babajide Omoworare at the National Assembly Election of April 28th 2015.

The tribunal while given its ruling in the petition filed by Chief Francis Adenigba Fadahunsi of the Peoples’ Democratic Party (PDP) dismissed the petition challenged the victory of Omoworare of APC.

The three member panel headed by Hon. Justice G.A Kwajafa held that the petitioners failed to prove that Senator Omoworare was not elected by the majority of lawful votes cast at the election.

The tribunal while reviewing the evidence presented by the petitioners to support their case, believed only the evidence of 7 witnesses out of a total of 30 witnesses called by the petitioners.

In the chairman’s  word, he said, “the evidence of the other 23 witnesses lacked credibility as those piece of evidence had been demolished under cross-examination.”

The tribunal further stated that the petitioners abandoned their pleadings in 32 units out of 58 units being challenged in the petition.

The evidence of the so called expert together with the exhibits admitted through him was also expunged as same lacking probative value on the Supreme Court decision in Oke v.Mimiko.

The tribunal having believed the evidence of 7 out of the 30 witnesses called by the petitioners went ahead to deduct the votes scored by both parties from the affected units. 804 votes were deducted from APC and 546 votes from the PDP leaving a balance of 100,548 for APC and 98,680 for the PDP.

The tribunal therefore concluded that from the result, it is evident that the 1st Respondent scored the highest number of votes cast at the election and entitled to be declared as the winner of the election.

On the allegation that the Governor, Ogbeni Rauf Aregbesola and Hon. Ajibola Famurewa led some hoodlums to distrupt election in Ward 5 Ilesa East Local Government,  the  tribunal held that the allegation is incompetent  for the Petitiners’ failure to join them as a party.

The tribunal subsequently  struck out the paragraphs of the petition relating to the allegation.

In all the tribunal dismissed the petition as lacking in merit and awarded a sum of N150,000 in favour of all the respondents.

The Counsel for the 1st respondent, Wale Afolabi while reacting to the judgment thanked the tribunal for the industry put into the judgment while Ajibola Basiru on behalf of the 2nd Respondent  appreciate  the effort of the tribunal that within the short  period allowed by the law, they were able to do justice to the case especially the evaluation of evidence by the parties and hope the judgment will contribute to the expansion of the frontier of knowledge  on election petition cases.

Otunba Ojo Williams, counsel for the petitioners also thanked the tribunal for the industry put in the judgment and stated that they accept the judgment with equanimity.