Respite For Smart Adeyemi, Floors Dino Melaye At Tribunal

• As battle for Kogi West senatorial seat shifts to Appeal Court

BY SEGUN ADEBAYO, ABUJA – It is all smiles and cheers for Senator Smart Adeyemi as the Kogi State National and State Houses of Assembly Election Petition Tribunal on Wednesday, June 10, 2020 dismissed the petition filed by Dino Melaye and the Peoples Democratic Party (PDP).

Consequently, the three-member Tribunal, led by Justice Isa Sambo, unanimously upheld Adeyemi of the All Progressives Congress (APC)’s election as the senator representing Kogi West in the 9th National Assembly (NASS).

Delivering its judgment, the Tribunal said the petitioners failed to prove beyond reasonable doubts their allegations that returning Adeyemi as winner of the November 16, 2019 election as well as the November 30, 2019 supplementary polls was unlawful.

Justice Khadi Adamu Usman, who read the judgment, said having considered the petitioners’ evidence, the Tribunal concluded they failed to prove their allegations that both exercises were marred by irregularities and substantial non-compliance with the Electoral Act.

According to the Tribunal, while the election was conducted in 173 polling units, the petitioners presented witnesses for only 48 polling units, leaving out 125 others with no witnesses called.

Again, the Tribunal noted that the petitioners, having initially indicated their intention to call 257 witnesses, only came up with 71 to prosecute their case.

It went further to breakdown issues raised and evidence presented by the petitioners’ witnesses into four categories. These include: Allegation of irreconcilable interest in the result form (Form EC8A1); and alteration without counter-signing of Form EC8A1.

Others are: Allegation of mutilation of results, over-voting and inaccurate ballot paper accounting; and allegation of non-holding of election in some areas within the Senatorial district.

The Tribunal noted that in all these, the petitioners were unable to prove their case convincingly.

But in a swift reaction to the development, Senator Melaye said they would carefully study the Tribunal judgment and thereafter approach the Appeal Court to challenge it.