The Governorship Election Petition Tribunal sitting in Abuja on Monday, dismissed the petition filed by Peoples Redemption Party (PRP), challenging the election victory of Gov. Usman Ododo in the Nov. 11, 2023 Kogi governorship poll.
The three-member panel, chaired by Justice Ado Birnin–Kudu, dismissed the petition on the grounds that the petitioners; PRP and its governorship candidate, Abdullahi Bayawo, failed to prove the allegations of non-compliance with the provisions of the Electoral Act, 2022 during the poll.
The tribunal, in a unanimous judgment, held that the petitioners’ evidence that Forms EC8B and EC8D (the ward result sheets and the state result sheets) tendered were not prepared for the Nov. 11, 2023 poll, were bereft of substance.
The panel said that the testimonies of the petitioners’ witnesses were hearsay and that failure to call polling agents from the alleged affected polling units to give their evidence was fatal to the case of the petitioners.
Besides, it held that some of the evidence of the witnesses had no probative value.
“The petition lacks merit and it is accordingly dismissed,” Justice Birnin–Kudu-led tribunal declared.
It held that the election that produced Ododo of the All Progressives Congress (APC) as governor of Kogi complied substantially with the provisions of the Electoral Act .
Earlier, the tribunal dismissed the petition filed by Social Democratic Party (SDP) and its governorship candidate, Murtala Ajaka, against Gov. Ododo.
The tribunal held that the petitioners also failed to prove the allegations of over-voting and non-compliance with the Electoral Act, 2022 in the petition.
The panel, in a unanimous, decision held that all the witness evidence filed before it were incompetent and full of inconsistencies.
It also agreed with the submissions of the respondents that the allegations of forgery raised in the petition were pre-election matter, which ought to have been raised 14 days after the documents were submitted to the Independent National Electoral Commission.
It would be recalled that the tribunal had, on Feb. 20, struck out the petition filed by the Action Peoples Party (APP) against the election victory of Ododo in the Nov. 11 governorship poll in the state.
The panel struck out the petition following its withdrawal by counsel for APP, Daniel Edeachi.
The application, seeking the withdrawal of the petition was not opposed by lawyer to Gov. Ododo, Ibrahim Muhammed, SAN; counsel to APC, DC Denwigwe, SAN, and that of the Independent National Electoral Commission (INEC), Kanu Agabi, SAN.
The APP had, in the petition number: EPR/KG/GOV/02/2023 filed on Dec. 1, 2023, before the tribunal, challenged the declaration of Ododo as the validly elected governor of Kogi in the Nov. 11, 2023 governorship poll conducted by INEC.
The party had sued Ododo, APC and INEC as 1st to 3rd respondents respectively.
However, in its motion on notice dated and filed on Feb. 15, the party sought two orders, including an order granting leave to the petitioner/applicant to withdraw the Petition No: EPT/KG/GOV/01/2023 and an order striking out or dismissing the petition, having been withdrawn by the petitioner.
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Giving eight-ground of argument, APP said though it filed the petition to challenge Ododo’s victory, the party said upon the re-evaluation of the grounds and facts of the petition, it “is not reasonably convinced about the sustainability of the grounds of the petition as presently constituted before this honourable tribunal.
According to the party, the withdrawal of the petition is based on the perceived unsustainability of the grounds of the petition and to avoid overburdening this honourable tribunal with numerous petitions.(NAN)
