Ondo tribunal upholds Aiyedatiwa’s victory as Governor

The three-member panel comprising Justices Imelda Etiape, Daurabu Sikkam and Benson Ogubu, of the Ondo State Governorship Election Petition Tribunal sitting in Akure, the state capital, has affirmed the victory of Governor Lucky Aiyedatiwa of the All Progressives Congress (APC) as the valid winner of the November 16, 2024, governorship election.

In a unanimous judgment on Wednesday, the three-member panel dismissed the petitions filed against the victory of Aiyedatiwa, his Deputy, Olayide Adelami; the All Progressives Congress (APC), and the Independent National Electoral Commission (INEC).

In the judgement delivered in a capacity-filled court, the justices held that the petitions were worthless and unmeritorious and were accordingly dismissed.

Led by Justice Benson Ogubu, the Tribunal also criticised how the petitioners presented their evidence, stating that it did not sufficiently support their claims.

Recall that the Peoples Democratic Party (PDP) and its candidate, Agboola Ajay,  challenged the qualification of the deputy governor, claiming that he forged the credentials he submitted to INEC.

The petitioners had alleged that Adelami forged his WAEC school certificate with three different names, arguing that since it was on the platform of APC that was used for the election, the verdict would affect that of the governor.

Also, the PDP and its candidate said the election should be nullified because it was held in violation of the Electoral Act.

They contended that it was a mandatory requirement of the Electoral Act, 2022, Section 73(2), that an election conducted at a polling unit without the prior recording in the forms prescribed by the Commission of the quantity, serial numbers, and other particulars of result sheets, ballot papers and other sensitive electoral materials made available by the Commission (INEC) for the conduct of the election shall be invalid.

The PDP and its candidate said in 3,834 Polling Units, representing 9 per cent of the 3,933 polling units in the state, that this non-compliance can be seen on Form EC25B, as serial numbers of the results sheet, BVAS machines, and ballot papers were not recorded on it.

But in its verdict, the Tribunal removed the aspects of certificate forgery from the petition on the ground that the case had been decided at the Federal High Court, Appeal, and the Supreme Court and that the parties were bound by the decisions of the court.

According to the Tribunal, the allegations of non-qualification should be uprooted from the election petition since it was a pre-election matter.

While adding that the paragraphs existing in the address did not address any new issue and struck it out, the court held that Form 25 B, referred to by the petitioner, never prescribed the entering of the serial number.

The court which maintained that what was necessary is the quantity of the papers, said there was no way the court would dabble into the documents that were not identified and demonstrated by the petitioner.

On the allegation of over-voting, the tribunal said the petitioner failed to prove the issue as none of their witnesses tendered BVAS, and such dismissed the allegation of over-voting.

Meanwhile, the Tribunal had earlier dismissed the petitions filed by the Action Alliance (AA), Allied People’s Movement (APM) and the Social Democratic Party (SDP) for lacking the locus standi to challenge the election outcome, having failed to present a candidate in the poll.

In the petitions, Governor Aiyedatiwa, the Independent National Electoral Commission (INEC), and the APC were all listed as respondents in the cases brought by the APM and SDP candidates.

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

Delivering the judgement, Justice Ogubu 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 the APM’s witness should be discounted for failing to disclose the source of information.

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

But counsel to the respondents, Wole Olanipekun, SAN, urged the Tribunal to dismiss the petition for lacking substance.

The Tribunal ruled that the SDP’s 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, emphasising that reliefs cannot be granted based on hearsay, propaganda, or emotions.

But while reacting to his victory, Governor Aiyedatiwa said the Tribunal had just reaffirmed the mandate that was given to him by the people of the state.

Aiyedatiwa, who appreciated the people of the state for giving him the mandate, praised God for orchestrating the journey right from the beginning.

He said; “About 366,000 plus indigent residents of Ondo State made a decision on November 16th 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. We thank God for everything.”