Tribunal affirms Oyo south senator’s election, awards him N500k damages

The national assembly election petition tribunal has struck out the suit filed by Joseph Tegbe, candidate of the Peoples Democratic Party (PDP), challenging the victory of Sharafadeen Alli.

The Independent National Electoral Commission (INEC) had declared Ali, candidate of the All Progressives Congress (APC), as the winner of the Oyo south senatorial district poll after he secured 111,513 votes to defeat Tegbe, who got 92,481 votes.

However, Tegbe had alleged that the election was marred by over-voting, irregularities, election malpractices and non-compliance with the electoral act guidelines.

Tegbe also urged the court to declare the result invalid and order a rerun.

Delivering its ruling on Wednesday, the tribunal upheld Ali’s victory.

The tribunal also awarded a cost of N500,000 against the petitioners in favour of the three respondents —- Ali, APC and INEC.

I.Okpe, a member of the three-man panel, who read the judgement, said the testimonies of the petitioners’ witnesses were centred on and limited to over-voting, contrary to other allegations they raised in the petition.

He added that accreditation and voter register were key to proving over-voting, adding that none of the 32 witnesses called by the petitioners relied on or mentioned the voter register.

“I have gone through the pleadings of the petitioners, voter register is not one of the documents tendered and none of their witnesses relied on the voter register or made attempts to demonstrate there was a problem with it,” Okpe said.

“Over-voting cannot be proven in isolation. Voter register constitutes an integral part of the proof of over-voting.

“The standard of proof is not minimal in an election petition matter and the onus of proof is on the petitioner.”

Okpe said the tribunal observed that the statements of most of the petitioners’ witnesses were mass produced and their signatures were almost similar.

“The petitioners have failed to place before us any cogent proof that the tribunal can rely on that there was over-voting in the Oyo south senatorial election and that will warrant the declaration sought by Tegbe,” he said.

“The issue is therefore resolved in favour of the respondents.

“The petition is dismissed and a cost of N500,000 is awarded against the petitioners in favour of the respondents.”