Tribunal Upholds Aiyedatiwa’s Election

•Gov: Judgement reflects will of the masses 

•We may appeal judgement, PDP reacts

Fidelis David in Akure

The 2024 Ondo State Election Petition Tribunal, yesterday, upheld the election of Lucky Aiyedatiwa of All Progressives Congress (APC) in the November 16, 2024 governorship election in the state.

The tribunal dismissed the petitions filed by Peoples Democratic Party (PDP) and its governorship candidate, AgboolaAjayi, for lacking in merit.

The court also dismissed the petitions filed by Allied Peoples Movement (APM) and Social Democratic Party (SDP) challenging the victory of Aiyedatiwa.

The electoral court particularly said Ajayi failed to prove the case of academic certificate forgery against Aiyedatiwa’s running mate, OlayideAdelami, and also failed to prove the case of over-voting during the election.

The tribunal, in its ruling on APM’s petition, found that the case lacked material facts and was not supported by credible evidence.

Justice Benson Ogubu, who read the lead judgement, stated that the allegations of voting without accreditation, over-voting, corrupt practices, and substantial non-compliance with the Electoral Act were not backed by any verifiable facts.

The panel further held that the evidence presented was of no probative value, and the written statement of APM’s witness should be discountenanced for failing to disclose the source of information.

Justices DaurabuSikkam and Imelda Etiape supported the ruling.

The tribunal concluded that APM’s petition lacked merit and the petitioner was not entitled to any of the reliefs sought. The case was subsequently dismissed with an order for parties to bear their respective costs.

Similarly, the tribunal dismissed the petition filed by SDP, represented by its counsel, Adewole Adebayo, who alleged discrepancies in vote entries in Form EC8A, over-voting, and non-compliance with the Electoral Act.

Responding, Chief WoleOlanipekun, SAN, counsel to the respondents, urged the tribunal to dismiss the petition for lacking substance.

In its judgement, the tribunal ruled that the SDP case lacked merit and failed to provide the required material facts.

It said the petition was based on speculation and not supported by concrete evidence, emphasisingthat reliefs cannot be granted on the basis of hearsay, propaganda, or emotions.

The tribunal dismissed SDP’s petition as baseless and a waste of judicial time, and also directed that each party should bear their own costs.

On the petition filed by Action Alliance (AA), the tribunal, in a unanimous ruling, held that the party lacked the locus standi to challenge the election outcome, having failed to present a candidate in the poll.

AA and its National Chairman, Mr. AdekunleOmoaje, through their counsel, had alleged irregularities in the election and accused the Independent National Electoral Commission (INEC) of deliberately excluding the party’s name and logo from the ballot papers.

However, in the lead judgement delivered by Justice Imelda Etiape and supported by Justices DaurabuSikkam and Benson Ogubu, the tribunal declared the petition a nullity due to AA’s failure to field a candidate.

The tribunal further held that the claim of unlawful exclusion was no longer a valid ground for challenging election results, as that provision was repealed with the enactment of the 2010 Electoral Act.

On the allegations of corrupt practices and vote buying, the tribunal stated that while such claims were serious and punishable under the Electoral Act, the petitioners failed to provide credible evidence to substantiate them, rendering the petition legally unsustainable.

The tribunal consequently dismissed the petition, but declined to award costs against the petitioners.

Aiyedatiwa said the judgement was a clear indication that the people validly elected him as governor of the coastal state.

He stated, “I give thanks to Almighty God, who orchestrated the journey right from the beginning and used the people of Ondo State.

“About 366,000 indigent residents of Ondo State made a decision on November 16 last year by giving us the mandate to continue to govern the state as the seventh democratically elected governor of Ondo State. And that mandate that was given on that day has just been reaffirmed by the election petition tribunal.”

But PDP’s counsel and state secretary of the party, OlujimiOluseye, said the party would meticulously study the judgement after obtaining the Certified True Copy and make its position known.

Oluseye said, “We respect the judges, but we must not forget that it didn’t go in our favour. Our clients have constitutional right to seek redress. Having said that, we are going to apply for the Certified True Copy of the judgement and we study it.

“Part of what we may likely do is to go on appeal. But this is subject to the information we get from our clients.”