The National and State Assembly Election Petition Tribunal sitting at Iyaganku, Ibadan, Oyo State capital, has upheld the petition of the candidate of the Peoples Democratic Party, (PDP) in 2023 House of Assembly election, Okedoyin Femi Julius alleging over voting and voters disenfranchisement, and, thereby ordered re-run two wards of Saki West in 90 days.
Okedoyin in a petition against the All Progressives Congress (APC) candidate, Shittu Ibraheem, the party, as well as, the Independent National Electoral Commission, (INEC) alleged over voting and voters disenfranchisement.
Justice Jibril Isa Anaja in a unanimous ruling ordered that the Certificate of Returns issued to the APC candidate Shittu Ibraheem by the INEC be set aside.
Other jurists are: Justices A.M.Yakubu (Chairman), and K.I. Okpe.
The petitioners who were represented by Y. A. Azees, Yusuff Anikulapo and Joseph Adeoye, had claimed that election in six polling units in the Saki West state constituency was fraught with irregularities.
He added that some results in some polling units were cancelled due to over-voting which is part of non-compliance with the electoral guidelines. particularly, in Ward 6 Unit 7 and Ward 11 Unit 19, loyalists of the PDP who wanted to vote were disenfranchised.
This act, according to the petitioners constituted substantial non-compliance with the provisions of the Electoral Act 2022, while praying that the tribunal should order a re-run in the two units.
The units and wards where the election was also allegedly compromised with over-voting included: Ward 11 Unit 13, Ward 9 Unit 24, Ward 1 Unit 14, Ward 9 Unit 28, and Ward 11 Unit 19.
Represented by Sikiru Adewoye and M.K.Owolabi, the APC and Shittu Ibraheem, as well as, the INEC, represented by Ayodeji Akerele and Fiyinfoluwa Ajiboye, had filed preliminary objections to the petition, urging the tribunal to dismiss it with substantial cost. Their ground was that the allegation of over-voting and disenfranchisement of the accredited PDP voters was frivolous and unfounded.
In their judgment, the tribunal found that the “1,285 electorates that collected their PVCs were disenfranchised and the number is capable of upsetting the outcome of the election. The 3rd Respondent (INEC) acted in utter disregard of its regulation by declaring the 1st respondent as winner of the election. Where votes cast exceed the number of registered voters, the Presiding Officer shall cancel the result and a rerun is subsequently ordered.
“The petitioners have proved their case in the allegation of over-voting and substantial non-compliance with the provisions of the Electoral Act. We hereby resolve the issues raised in favour of the petitioners against the respondents. A re-run election is hereby ordered to be conducted within 90 days in Ward 6 Unit 7 and Ward 11 Unit 19 of Saki West to determine the overall winner of the March 18, 2023 election.
“We hold that the petition is meritorious and it succeeds. We hereby order that the Certificate of Returns issued by the 3rd Respondent to the 1st respondent be set aside pending any appeal to this judgment. No order as to cost,” the tribunal ordered.
Regarding the consolidated petition filed by Adegoke Ayodeji of the APC in Ogbomoso South and the INEC against Hon. Sanjo Adedoyin of the PDP), as well as, that of Adeniji Paul Oluwaseun and INEC against Onaolapo Sanjo Adedoyin for the Oyo State House of Assembly, the tribunal in the judgment read by Justice K.I. Okpe noted that the petitioners failed to prove allegation of over-voting and substantial non-compliance with the Electoral Act, noting that they considered spoilt ballots as part of the votes counted in the election.
In the final analysis, the Judge said: “I hereby resolve the sole issue of over-voting in this petition in favour of the Respondents. Accordingly, the petitioners’ prayers are hereby refused with a cost of N500,000 in favour of each of the Respondents”.
. TheWitness
