Surulere Federal Constituency: Gbajabiamila Knows Fate September 29

Surulere Federal Constituency: Gbajabiamila Knows Fate September 29

The National Assembly Election Petitions Tribunal sitting in Ikeja yesterday fixed September 29 for judgment on the petition filed against the victory of the House of Representatives majority leader, Dr. Olufemi Gbajabiamila in the March 28, 2015 general election.

The petition was instituted against Gbajabiamila, who won on the platform of the All Progressives Congress (APC), by the the Peoples' Democratic Party (PDP) candidate for the Surulere Federal Constituency I of Lagos State, Tony Ashikodi.

Ashokodi is alleging irregularities during the election, which he insisted, breached the provisions of Independent National Electoral Commission’s (INEC) approved guidelines for the polls.‎‎

At the resumed hearing of the petition on Wednesday, the three-man panel, presided over by Justice C.U Anwuka fixed September 28 for judgment after lawyers in the case argued and adopted their clients written addresses.

While adopting his final address the petitioner maintained that Gbajabiamila ‎was not duly elected or returned by the majority of lawful votes cast during the election held on March 28, 2015.

He urged the court to void the election by reason of manifest breach and violation of the Electoral Act 2015 Election Guidelines. Adding that a fresh election be ordered to be conducted by the INEC for the constituency.

The petitioner relied on  Section 53(2) of the Electoral Act which provides" where the votes cast at an election in any polling unit exceed the number of registered votes in that polling unit, the result of the election for that polling unit shall be declare null and void by the commission and another election may be conducted at a date to be fixed by the Commission where the result at the polling unit may affect the overall result in the constituency."

‎He further cited Section 63,71 and 74 of the Act that the form shall be signed and stamped by the presiding officer and counter signed by the candidates or their polling agents where available at the polling unit.

However, counsel to Gbajabiamila and the APC, Omotay‎o Olatunbosun and Tayo Olaitan argued that the petitioner's argument was based on misconception of the law and a misrepresentation of facts.  

Olatunbosun submitted that, "the documents were actually dumped on the Tribunal without any witness demonstrating the specific purposes each document was meant to serve. It is on record that none of the documents tendered was linked with specifically in open court to the allegations in the petitions nor to specific paragraphs of the petition.

"The only witness called by the petitioner was himself. His testimony constitutes, at best documentary hearsay. All he said about the occurrence of the event in issue is that he briefly visited the ward collation centres. There was no attempt on the part of the petitioner to call persons who actually witnessed the alleged events of alterations, cancelations, manipulations and falsifications."

The petitioner had alleged irregularities in the conduct of the election, stating that "the final figures in the tally of results the Form EC 8C(i) were cancelled and altered by the APL with a view of declaring Gbajabiamila the winner of the election. The 14,351‎ received by the respondent was whimsically changed to 21,715 while 16,079 earlier recorded for petitioner was changed to 14,550."