The Kogi State National and State Houses of Assembly Election Petition Tribunal on Wednesday upheld the election of Smart Adeyemi of the...
The Kogi State National and State Houses of Assembly Election Petition Tribunal on Wednesday upheld the election of Smart Adeyemi of the All Progressives Congress as the Senator representing Kogi West Senatorial District.
Justice Khadi Adamu Usman, in the judgment, analysed the evidence led by the petitioners and concluded that they failed in proving their allegations that the election and the supplementary election were marred by irregularity and substantial non-compliance with the Electoral Act. He categorised the evidence of the petitioners’ witnesses into four categories – allegation of irreconcilable interest in result form ; alteration without counter-signing of Form EC8A1; allegation of mutilation of results, over voting and inaccurate ballot paper accounting, and allegation of non-holding of election – and held that the witnesses failed to prove any of the allegations.
Justice Usman said: “The position of the law is that once an election result has been declared by the electoral umpire, the Independent National Electoral Commission the result enjoys the presumption of regularity of the result as the burden is on the person challenging the result or the return to lead evidence to prove that the result to disprove the result.
“This tribunal is of the firm believe that Exhibits P39 & are the only results known to law regarding the election held on the 16th of November 2019 and that supplementary election held on the 30th of November 2019. He held that the petitioners do not deserve the reliefs sought and proceeded to dismiss the petition.
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