Posted by By TUNDE RAHEEM, Akure on
The election petition tribunal sitting in Akure, Ondo State, has nullified the election of Obagbemi Olagundoye of the Peoples Democratic Party (PDP), representing Okitipupa Constituency II in the State House of Assembly.
The election petition tribunal sitting in Akure, Ondo State, has nullified the election of Obagbemi Olagundoye of the Peoples Democratic Party (PDP), representing Okitipupa Constituency II in the State House of Assembly.
The tribunal ordered a fresh election to be conducted in the constituency by the Independent National Electoral Commission (INEC).
The nullification of Obagbemi election was at the instance of the petition filed by Jumoke Akindele of the Labour Party (LP), who prayed for the cancellation of the declaration of Obagbemi on ground of non election in the constituency.
The tribunal had earlier dismissed the petition of the LP's House of Representatives candidate in the Irele/Okitipupa Federal Constituency, Mr. Tunji Oladele, challenging the victory of Dr. Wole Olakunde of the PDP due to his inability to prove lack of substantial non-compliance with the electoral law and exclusion from the election due to alleged incarceration by agents of the PDP prior to the election.
The tribunal's judgment, which was read by Justice Yargata P. Nimpar, noted that the LP candidate (Akindele) was able to prove her case beyond reasonable doubt that election did not hold in the constituency while the witnesses she called to testify to her claim were not shaken under cross examination by the respondent's counsel.
The tribunal pointed out that even INEC's Resident Electoral Commissioner (REC) had written through one Mr. Toyin Abegunde to the LP's Liaison Officer, one Dr. Daodu King, intimating him that several vital documents were not available as they have been hijacked and destroyed. The tribunal noted that INEC, through its letter, had consented that these documents 'were hijacked during the election", saying that this words 'puts a seal on the matter", as it actually helped to substantiate the petitioner's claims that there were malpractices on the day of election
The tribunal also frowned on the use of all manners of discrepancies, including the use of Returning Officers stamps instead of that of the Presiding Officers on result sheets; the use of blue and brown inks instead of the approved black ink; unstamped and unsigned ballot papers and the use of stamps of the defunct National Electoral Commission (NEC) and those of National Electoral Commission of Nigeria (NECON), both used in the course of the election on ballot papers instead of those of the INEC. It subsequently invalidated the results stamped with these obsolete stamps, saying they were unknown in extant law.
'We hold that the burden of proof, which the petitioner has shifted on the 1st Respondent to prove that election held in the constituency, has not been discharged. Indeed, the discordant tunes in the entire results support the allegation that the election was marred with malpractices.
The return of the 1st Respondent has thus not been done on lawful votes cast as there were no valid votes… Also, the irreconcilable figures show that they were concocted."The Petitioner has proved that there was no election and that figures were allocated."
The Tribunal also averred that the 1st respondent and INEC has actually helped the Petitioner's case saying that although documents may lie, 'but not with the same propensity as human beings. We therefore hold that the purported election of Obagbemi Oladunjoye as the elected member of the Okitipupa Constituency II is hereby nullified. INEC is ordered to conduct fresh election."