The Governorship Election Petition Tribunals in Delta and Plateau states on Monday upheld the elections of Governors Ifeanyi Okowa and Simon Lalong respectively.
In Delta State, supporters in the Peoples Democratic Party (PDP) on Monday took to the streets in Asaba, the state capital, celebrating as the dismissal by the Election Petition Tribunal of the two petitions challenging the declaration of Okowa as winner of the Delta State Governorship Election held on April 11, 2015.
The petitions were dismissed by the three-man panel chaired by Justice Nasir Gunmi for failure the petitioners to prove the allegations of corruption and substantial breach of the Electoral Act and electoral guidelines beyond reasonable doubt.
The tribunal also awarded a cost of N150, 000.00 each to the petitioners. They are to pay the three sets of respondents – INEC, PDP and Okowa.
The Independent National Electoral Commission (INEC) had declared Okowa of the PDP as winner having scored 724,680 votes to defeat Great Ogboru of Labour Party who polled 130,028 votes and O’tega Emerhor of the All Progressives Congress (APC) who scored 67,825 votes.
But Ogboru and Emerhor approached the three-man tribunal alleging that the election was conducted in substantial breach of the Electoral Act and guidelines for the election, as well as corrupt practices.
Delivering judgement in petition number EPT/DT/GOV/23/2015 between Ogboru and Okowa, Justice Gunmi averred that the petitioners failed to prove allegations of corrupt practices, breach of Electoral Act, over voting and manipulation of election result.
He said there was no credible evidence provided by the petitioners to support the allegations and held that the petition “is bound to fail, and has failed. It is hereby dismissed. The petitioners are to pay cost of N50, 00 each to the three set of respondents.”
In Emerhor’s petition marked EPT/DT/GOV/32/2015, the tribunal also held that the petitioners relied heavily on the use of card reader as basis for nullifying election result.
According to the tribunal, the petitioners were unable to prove that the first respondent (Okowa) was credited with votes in excess of accreditation during the election.
The tribunal held that the petitioners were also unable to discharge the burden of proof placed on their shoulders by the provisions of Sections 136 and 137 of the Evidence Act.
“The petitioners having not proved the toxic votes credited to the first respondent, the issue of whether the first respondent was returned by valid votes becomes a non-issue.
“The concomitance of the conclusion by the tribunal is that this petition is without merit, it is bound to fail, and it failed. It is hereby dismissed.
“It follows that the election and return of the first respondent as the duly elected governor of Delta State is affirmed. The three sets of respondent are entitled to N50, 000.00 each as cost of prosecuting the petition,” the tribunal held.
In Plateau State, the Governorship Election Petition Tribunal sitting in Jos, the state capital, on Monday, also upheld the election of Governor Lalong of the All Progressive Congress (APC).
The Peoples Democratic Party, PDP, and its candidate, Senator GNS Pwajok, had gone to court challenging the election of Lalong, who was elected under the platform of the All Progressive Congress on April 11, 2015.
The candidate of the PDP, Sen. Pwajok, filed the petition against Lalong, the candidate of the APC, on the ground that the election was marred by over voting and intimation.
Delivering the judgment on Monday at the High Court 6, which was under tight security for the fear of apprehension on the part of supporters, Chairman of the three-man panel of judges, Justice Johnson Candide, said the petition lacked merit, and the petitioners failed to prove their case beyond reasonable doubts.
He said out of the 89 wards in the 7 local governments been brought by the petitioner, couldn’t be proven.
The tribunal held that only two of the polling agents were able to prove case, adding that PDP presented 32 witnesses who spoke mostly in Hausa Language and were unreliable.
Justice Candide added that the PDP presentation was so poor that the tribunal lack the power to nullify Governor Lalong’s victory.
Tribunal chairman reaffirmed that governorship election in 7 LGAs of Plateau State which include Mangu, Pankshin, Jos North, Shendam, Wase, Jos East and Kanam with a total votes different of 44,646 votes which cannot be proven by the petitioner’s counsel.
However, the Judge stated that the issue of malpractices, over voting and intimidation were the complaints been brought before the tribunal but lacked substantial evidence whether election was marred by irregularities.
The tribunal noted that the April 11 election in 17 LGAs of the state was the most peaceful and credible election.
Justice Candide applauded the Independent National Electoral Commission (INEC) for to conducting free and fair elections in 17 LGAs.
He said the testimony of the two witnesses contradicted themselves adding that such will never be admissible by the tribunal. He said the witness statements cannot guarantee the nullification of the election and are not reliable to effect nullification of the election.
The judge held that the allegations of irregularities and non-availability of election materials in the affected LGAs were also not proven by the petitioners.
He however slammed N50,000 damage on the petitioner to be paid to the first respondent.
Reacting to the decision, counsel to the petitioners, Sony Odey, said the judgment was a victory for democracy.
“We hereby learnt from my lordship the way they conducted themselves, so we share in this judgment praying to for good health”.
On his part, counsel to APC, Barr. Jonathan Mawiyau, assured the people of Plateau State that the government is committed to the plight and development of the state.
“We appreciate the tribunal for helping to educate and improve their young lawyers. We give glory and gratefulness for a thorough job.
Counsel to the 2nd respondent, Garba Pwul, SAN, commended the tribunal for doing a thorough job to help us develop the state.
source-->Dailytimes.com.ng