The Kogi State Assembly Election Petitions Tribunal has upheld the election of Speaker of Kogi House of Assembly, Alhaji Momoh- Jimoh LawaL as member representing Okene II state constituency.
Delivering the Judgment yesterday, the tribunal Chairman, Justice Akintan Osadebe upheld the election of Lawal and dismissed the petition of the All Progressive Congress (APC) candidate in the April 2015 election, Umar Fari.
Umar Fari of APC had filed a petition challenging the election and return of Lawal of the Peoples Democratic Party (PDP) as winner of the election. In the petition, he urged the tribunal to nullify the election on the grounds of substantial non-compliance with the provisions of the Electoral Act, 2010 (As amended).
Fari also submitted that the election should be invalidated by reason of widespread malpractices adding that, the 1st respondent was not duly elected by majority of lawful votes cast at the election.
The petitioner who sought five reliefs, also submitted that the election was inconclusive in some polling units while he said votes were recorded in favour of the 1st respondent, Lawal, adding that results of eight units were signed by unauthorized persons who were not designated INEC staff.
The respondents in their preliminary objection urged the tribunal to dismiss the petition on the ground that the petitioner filed the petition when the results of the election were yet to be declared by INEC. The petitioner and respondents formulated three questions each for determination most of which were determined in favour of the respondents.
The Tribunal however held that the April 11 election was conducted in substantial compliance with the provisions of the Electoral Act, 2010 (As amended).
Osadebe said that the petitioner could not adduce enough evidence to substantiate their allegations adding that the alleged irregularities, if they existed, were not substantial to invalidate the entire result of the election.
"No material evidence has been laid before this tribunal to prove that the first respondent was not duly elected by the majority of lawful votes cast at the election.
"There is no evidence before this tribunal on wrongful or arbitrary allocation of votes. The petitioner’s evidence would only amount to hearsay unless the electoral officers are called in to give evidence.
"This petition lacks merit and it is hereby dismissed. The parties are to bear their respective costs," she stated.