The Oyo State National
Assembly Election Petition Tribunal sitting in Ibadan on Tuesday upheld the
election of the candidate of the All Progressives Congress (APC), Monsurat
Sunmonu, as the duly elected representative for Oyo Central Senatorial
District.
Summonu's victory at the
March 28 National Assembly election was challenged by Chief Bisi Ilaka of the
Accord Party.
Also joined as
co-respondents in the petition were the APC and the Independent National
Electoral Commission (INEC).
In a three-hour judgement
delivered on Tuesday, the tribunal held that the petitioner failed to prove his
case beyond all reasonable doubt.
The Chairman of the
tribunal, Justice J.G. Abundaga, said that the onus of proof rested on the
petitioner who, however, failed to lead evidence to prove his case.
"It must be borne in
mind that the petition must succeed on the strength of its own case and not
rely on the witness or any perceived witnesses.
"However, in view of
all the lapses and evidence of the witnesses, the petitioner is far from
establishing a case of malpractice.
"The proof of the
petitioner was made worse by the conclusion reached in their report and the
oral evidence of Principal Witness (PW1),
Adeleke Adebisi, who admitted under cross-examination that from the outcome of their inspection after the deduction of all the votes, the first respondent still led by a total of 3, 502 votes,’’ he said.
Adeleke Adebisi, who admitted under cross-examination that from the outcome of their inspection after the deduction of all the votes, the first respondent still led by a total of 3, 502 votes,’’ he said.
The judge also said that
the petitioner failed to establish the dual citizenship allegedly held by
Summonu.
Reacting to her victory,
Summonu said that the petition was frivolous and aimed at aborting the will of
the electorate.
The counsel to the
petitioner, Olawale Omoloye, however, said that further action would only be
taken after consultation with his client.
"We can't probably
say if he would appeal the judgement, we have to wait till we see him," he
said.
Ilaka had prayed the
tribunal to declare that Summonu was not duly elected by majority of the votes
cast and not qualified to contest.
He also prayed that he
should be declared the winner of the election among other reliefs. (NAN)
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