The Rivers State National Assembly Election Petition Tribunal sitting in Abuja, yesterday dismissed the petition filed before it by Senator Magnus Abe challenging the election of Senator Olaka Johnson Nwogo .
In delivering the judgement, Justice Mohammed Sifawa held that Magnus Abe and the All Progressives Congress (APC) failed to prove beyond reasonable doubt their allegations that no election was conducted in the Rivers South East senatorial district in the March 28 National Assembly election.
The judge also held that rather than proving the allegation, the petitioner was putting before the tribunal things that were unconnected to the conduct of the election.
As stated by the tribunal chairman, in one breath, the petitioner claimed that there was no election in the senatorial district and in another breath, the same petitioner tendered documents from the Independent National Electoral Commission, INEC on how election materials were shared on the Election Day.
Justice Sifawa said that it was wrong in law for the petitioner to be speaking from both sides of his mouth as he tendered documents from election he claimed never held.
The tribunal said the petitioner failed to call at least one witness from the over 1,400 polling units in his senatorial district to substantiate his allegation that there was no election.
The tribunal also noted that the few witnesses called by the petitioner to prove his allegation missed the target in their evidence by emphasising on non relevant issues.
“From the totality of evidence before this tribunal, we are convinced that the petitioner did not do the needful as he failed to prove beyond reasonable doubt his soul allegation that election did not hold in his constituency in the March 28 National Assembly election.
“It must also be stated here that the petitioner knows that the onus to prove his allegation rested on his shoulder but for unknown reasons refused to discharge the onus as required by law.
“By his failure to establish a prima facie case that there was no election in his constituency, this tribunal has no option than to disregard his allegation in his entirety.
“We therefore hold that there was election and uphold the election of the 2nd respondent (Senator Nwogo) as declared by the 1st respondent while announcing the election result."