Ekiti tribunal reserves judgment on Olujimi/Adeyeye petition – TheNigerialawyer

The Ekiti State Elections Petitions Tribunal on Wednesday
reserved judgment on the petition filed by the Peoples Democratic
Party senatorial candidate, Senator Biodun Olujimi, challenging the
election of the All Progressives Congress candidate, Senator
Adedayo Adeyeye, in the Ekiti South Senatorial District.

Following the adoption of the written addresses of the two sides
in the case, the three-member tribunal, led by Justice D.D. Adeck,
adjourned the matter for judgment till a date to be communicated to
the parties through the registry of the tribunal.

Olujimi and the PDP, represented by Prof. Wahab Egbewole (SAN),
are, in the petition, praying the tribunal to declare the PDP
candidate winner of the 2019 Ekiti South senatorial election held
on February 23, 2019, “having scored the highest number of lawful
votes in the election.”

Among others, Olujimi and the PDP want the court to declare the
election and the return of Adeyeye as the winner of the election as
invalid “by reasons of substantial non-compliance with the
Electoral Act, 2010 (as amended), the Regulation and Guidelines for
the conduct of elections and the Manual for Election Officials
2019.”

Olujimi and the PDP claimed they had proved their case based on
the balance of probability and weight of evidence adduced during
the hearing of the petition, arguing that the said election was
marred with irregularities, contrary to the dictates of electoral
laws.

But Adeyeye, though his counsel, Chief Rafiu Balogun, urged the
tribunal to strike out Olujimi’s petition for lacking merit, saying
“the fact that the petitioner failed to establish cases on
non-compliance and criminal conducts during the poll and how it
affected the outcome of the election, had rendered it
incompetent.”

Balogun said, “If you read through the petition, it consists of
criminal and civil allegations because she (Olujimi) said INEC
subtracted her votes while also proving non-compliance.

“The failure to sever the criminal allegation from the civil,
through a motion, rendered it invalid.

“In summary, the petitioners failed to prove the myriad of
criminal and non-compliance allegations as required by law. They
failed woefully to prove these and the petition should be struck
out on this basis.”