The Oyo State National and State Houses of Assembly Election Petition Tribunal sitting in Ibadan, on Tuesday dismissed the petition filed by a former Governor of the state Abiola Ajimobi, challenging the declaration and returned Senator Kola Balogun as the senator representing Oyo south senatorial district.
The tribunal held that the petition filed by the candidate of the All Progressives Congress (APC) in February 23 general elections lack merit and the petitioner was unable to convince the tribunal that the election was induced.
The immediate past governor of Oyo State had challenged the declaration of Balogun by INEC as the winner of the election.
Balogun had polled 105,720 votes to defeat Ajimobi who garnered 92,218 votes.
The three-man panel of the tribunal chaired by Justice Anthony Akpovi, with Justice Sambo Daka and Justice Chinyere Ani as members, unanimously upheld Balogun’s victory.
The lead judgment, read by Justice Akpovi, said that most of the witnesses called by the petitioner to tender the results of polling units were ward collation agents and not the proper persons to tender the results.
The tribunal chairman said the testimonies of the ward collation agents could not be accorded any probative value because they were not the makers of the documents tendered.
He said the petitioner also based his testimonies on the card reader result without calling the maker to testify, while no witness was also called in regarding voters’ accreditation register.
Akpovi said that the malfunctioning of the card reader could not invalidate the voter’s register.
called by the petitioner were not relevant and that their testimonies were mere hearsay.
Akpovi said the petitioner failed to prove all the allegations in the petition beyond a reasonable doubt.
The tribunal chairman, therefore, nullified Ajimobi’s petition and upheld the election of Balogun, having scored the majority of lawful votes, and declared him the winner.