The Ogun State Governorship Election Petitions Tribunal sitting in Abeokuta on Friday upheld the election of Governor Ibikunle Amosun in the April 11 gubernatorial poll.
Justice Henry Olusiyi, who delivered judgment in a petition filed by the Peoples Democratic Party (PDP) governorship candidate, Prince Gboyega Isiaka, challenging Amosun’s victory, said the petitioners lacked evidence to support his allegation of massive rigging and electoral malpractices in the election.
The three-man tribunal, after the unanimous judgment which lasted more than four hours, dismissed Isiaka’s petition for want of evidence.
“The petition filed by the petitioner on the 30th of April is hereby dismissed. The election of the respondent (Amosun) is hereby affirmed,” Justice Olusiyi ruled.
Isiaka had on April 30 filed his petition ‘EPT/GOV/ABK/001/15,’ before the tribunal, challenging the victory of Amosun, who contested as the All Progressives Congress (APC) governorship candidate.
According to the result declared by the Independent National Electoral Commission (INEC), Amosun polled 306,988 votes while Isiaka scored 201,440 votes.
The PDP standard bearer faulted the outcome on the grounds that the election was characterized by substantial non-compliance with the provisions of the Electoral Act 2010 as amended.
But Justice Olusiyi, who read the verdict amidst tight security, said the principal witnesses of the petitioners only made averments without evidence.
The tribunal chairman ruled that the petitioners failed to prove their case either on balance of probability or beyond reasonable doubt.
“Averment without evidence is deemed to have been abandoned. Pleadings do not constitute or tantamount to evidence,” he said while citing relevant sections of the Evidence Act.
He noted that although the petitioners alleged several irregularities in nine local government areas of the state, they led oral evidence only in 12 polling units.
He said, “The PW1 to PW7 gave evidences in only 12 polling units whereas the petitioners are challenging the election in all the polling units in nine local government areas which are 1,672 in number.
“The testimonies of PW1 to PW7 were largely unsubstantiated. Even if they have been substantiated, it would have amounted to a drop of water in an ocean to support the petitioners case.
“The petitioners have failed to provide cogent and compelling evidence to establish that there is non-compliance with provisions of the Electoral Act.”
Justice Olusiyi added that the evidence of PW9 was his personal opinion and did not fall in purview of the Evidence Act.
On Isiaka’s claim that he won the governorship election having polled the highest number of lawful votes cast, the tribunal declared that the petitioners did not plead what the highest number of votes was.
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