Tribunal upholds PDP, Okedoyin's petition on over-voting against APC

..orders re-run election in Ward 6, 11 of Saki West

The National and State Assembly Election Petition Tribunal sitting at Iyaganku, Ibadan, Oyo State capital, on Thursday ordered the Independent National Election Commission (INEC) to conduct a re-run election in two polling units of Saki West within 90 days having found the allegation of over-voting, and voters’ disenfranchisement by the candidate of the Peoples Democratic Party (PDP), Okedoyin Femi Julius, meritorious.

Okedoyin, a member of the Oyo State House of Assembly who contested on March 18, 2023 with the intention of returning to the Legislative House, filed the petition against the All Progressives Congress (APC) counterpart (Shittu Ibraheem), the party, as well as, the INEC that conducted the election.

In a judgment read by Justice Jibril Isa Anaja with the unanimous agreement of Justices A.M.Yakubu (Chairman), and K.I.Okpe, ordered that the Certificate of Returns issued to Shittu Ibraheem by the INEC “be set aside pending any appeal to the judgment. I make no order as to cost”, he said.

Represented by Y. A. Azees, Yusuff Anikulapo and Joseph Adeoye, the petitioners had claimed that election in six polling units in the Saki West state constituency was fraught with irregularities as 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 from doing so. This, the petitioners claimed, 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.

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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 electorate 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 re-run 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 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 that 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”.