Delivering a judgement that lasted for more than 11 hours, the Ogun State Governorship Election Petitions Tribunal sitting in Abeokuta, the state capital, on Saturday, upheld the election of Governor Dapo Abiodun as the winner of March 18 governorship poll in the state.
In a unanimous decision of a three-man panel led by Justice Hamidu Kunaza, the tribunal also dismissed the petition filed against Abiodun by the Peoples Democratic Party (PDP) and its governorship candidate, Ladi Adebutu.
The tribunal further held that Adebutu’s petition was “incompetent, defective and lacking in merits.”
The Independent National Electoral Commission (INEC) had declared Abiodun as winner of the poll, having scored 276,298 votes, while Adebutu of the PDP scored 262,38 and Biyi Otegbeye of the African Democratic Congress (ADC) came distant third with 94,754 votes.
But the PDP and Adebutu had approached the tribunal, asking it to nullify Abiodun’s victory. Adebutu and the PDP further alleged that the governor did not win the majority of votes cast during the March 18 governorship election.
PDP and Adebutu in the petition marked, EPT/OG/GOV/03/2023 accused the INECof non-compliance with the Electoral Act and corrupt practices during the election.
The PDP and Adebutu also alleged that elections were disrupted by thugs in over 99 polling units, disenfranchising over 40,000 voters from participating in the election.
Adebutu sought an order of the court to declare him as the winner of the election.
He also prayed the court to order the INEC to conduct fresh election in 99 polling units in 41 wards which cut across 16 Local government areas of the State where elections were either not held and/or cancelled due to disruption and over-voting.
But the tribunal in its verdict, held that the petitioners failed to prove allegations of non-compliance, overvoting, disenfranchment of voters, non-qualification of second respondent (Abiodun) and corrupt practices during the polls, beyond reasonable doubt.
The tribunal chairman, Justice Kunaza, while reading the lead judgement, held that the forensic experts have nothing to prove that they are qualified experts, adding that their reports could not be relied upon.
The three-man panel also held that the there was no direct evidence that voters were disenfranchised during the election.
According to the tribunal, the disenfranchised voters must testify that they were ready to vote; if they were allowed to vote their candidate would have won; and that they had their voters’ cards and were registered voters.
Regarding alleged non qualification of Abiodun due to criminal records, Justice Kunaza held that the petitioners have failed to show that the second respondent (Abiodun) had been tried, arraigned and convicted in the United States.
He then said, “On the whole, the petitioners have not successfully proven the allegation of non-compliance with the Electoral Act and have not discharged the burden of proof.”
Dismissing Adebutu’s petition, Justice Kunaza said, “I uphold the election of Dapo Abiodun as the dully elected governor of Ogun State in the March 18 election.”
