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Akinwande Soji-Ojo
The National and State Assembly Election Petition Tribunal, sitting at Iyaganku, Ibadan, the Oyo State capital, has upheld the election of Senator Sharafadeen Alli of the All Progressives Congress (APC) as the lawmaker representing Oyo South Senatorial District in the National Assembly.
Delivering judgement on Wednesday, the three-member panel dismissed the petitions filed by the Peoples Democratic Party (PDP) and its candidate, Chief Joseph Tegbe, challenging the February 25, 2023 victory of Alli.
This is coming two days after the same panel dismissed the petition of the New Nigeria Peoples Party (NNPP) and its candidate, Funmilola Gbogbolomo Adewale Maryam against Alli on the grounds that the petition was incompetent.
Alli polled 111,513 votes to defeat Tegbe, who had 92,481 votes in the election.
In the petition, Tegbe had asked the three-man panel, led by Justice A. M. Yakubu, to order a rerun of the election, alleging that Alli failed to garner the majority of lawful votes cast in the election, which constituted non-compliance with the provisions of the electoral act.
Tegbe called 32 witnesses, including himself, to prove his case that the election that produced Alli was fraught with irregularities and failed to comply with the provisions of the electoral act.
In the judgement, the tribunal held that the signatures of the majority of the witnesses, who introduced themselves as PDP polling agents during the election, did not match on the documents signed at their respective polling units and the ones on their statements on oath.
According to the panel, one of the witnesses said he did not make the statement on oath ascribed to him and that the signature on it was not his own.
The panel also stated that the witnesses did not provide any means of identification, such as identity cards that would show they worked as PDP polling agents on the day of the election. It added that the statements on oath of some of the petitioners’ witnesses said they were female, whereas it was men that appeared in court.
On allegation of over-voting, the tribunal noted that the petitioners failed to rely on voter register to establish over-voting, adding that the voter register is an integral part of proving the allegation. It also said that the electoral act has not abolished voters register. Every voter, the panel said, must have found his or her name in the voter register and the name would be ticked at each polling unit before the voter would be made to go through Biomodal Voter Accreditation System (BVAS) for accreditation.
The tribunal also said the evidences presented before it by the petitioners were not credible and difficult to believe.
“The petitioners have failed to present cogent, reliable and compelling evidence, sufficient to affect te results of the poll as declared by INEC,” it held.
On the issue of reconfiguration of BVAS raised by the petitioners, the tribunal held that the petitioners failed to prove that reconfiguration of the BVAS for the purpose of conducting governorship and House of Assembly polls erased all the data on the system. It further stated that the petitioners should have called INEC to answer questions on reconfiguration of the BVAS.
The tribunal subsequently dismissed the petition in its entirety for lacking in merit, saying the petitioners have failed to present cogent, reliable and compelling evidence sufficient to affect the result of the poll as declared by the third respondent, INEC.
While delivering judgement in the NNPP case, the tribunal held that the petition was incompetent as the ground upon which it was premised related to a pre-election matter, which ought not to be brought before the it
“Having regarded to the pleadings and evidence before the court, the petitioners also failed to rebut the presumption of regularity in the conduct of the election by INEC,” Justice Yakubu said.
My electoral victory transparent, well-deserved- Alli
Meanwhile, Sen Alli has described the judgement of the tribunal affirming his victory was well-deserved.
The lawmaker stated this in a statement signed by his Special Adviser on Media, Akeem Abas, which was made available to newsmen, on Wednesday.
He expressed appreciation to God as well as the people of Oyo South Senatorial District, who gave him their mandate and stood by him throughout the process.
“I am deeply humbled and grateful to God for the victory at the National Assembly Election Petition Tribunal.
“My sincere appreciation to the people of Oyo South Senatorial District who gave me their mandate and have stood by me throughout this process.
“The outcome of the tribunal’s verdict reaffirms that the election was won in a transparent and fair manner, and my victory was well-deserved,” he said.
The lawmaker thanked his legal team for working tirelessly to defend him and ensure that justice prevailed.
Alli appealed to all stakeholders, including political parties to join hands with him in moving the senatorial district forward, by initiating impactful projects that would enhance the quality of life for the people.
He expressed heartfelt gratitude to all those who stood by him, promising to remain their humble servant and representative at the Senate.
“Now that this legal challenge has been concluded, it is time for us to put aside our differences and work together for the collective interest of our people.
“I am honoured to have your trust and confidence, and I pledge to continue to serve you selflessly and with utmost dedication.
“Together, we will build a brighter and better Oyo South Senatorial District,” he added.