Olumide Ogida urged the tribunal to grant all the prayers of the petitioner and invalidate the results of disputed areas in the election.
By Julius Alabi, Akure
The Justice Obadugu-led Election Petition Tribunal sitting in Akure has on Monday reserved judgment in the petition brought before it by the House of Representatives candidate of the Peoples Democratic Party (PDP), Barrister Olumuyiwa Adu, for the Akure South/North Federal Constituency bye-election.
Adu had challenged the victory of the All Progressives Congress (APC) candidate, Mayokun Lawson Alade at the Election Petition Tribunal claiming that the election was marred by irregularities, violence, over voting and other electoral frauds.
The Petitioner’s counsels (Olumuyiwa Adu) are Olumide Ogida and J. O. Akeredolu while Mayokun Lawson Alade counsel is Abiola Olawole Olaniyi.
The APC, which is the second respondent, was represented by Alabi Bankole, and the Independent National Electoral Commission (INEC), which is the third respondent, was represented by Oluwafemi Kuku.
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While the parties in the suit were adopting their written addresses, the counsel to Barrister Olumuyiwa Adu, Olumide Ogida urged the tribunal to grant all the prayers of the petitioner and invalidate the results of disputed areas in the election.
Olumide Ogida made reference to Ward 5 Unit 001 in particular where Electoral Officer and Collation Officer cancelled the election due to hijacking of four Ballot papers and Boxes saying that accreditation in the result sheet was 403 but in the INEC Accreditation Machine Sheet (BVAS Machine), it showed 401 while the results allocated were 2169 to PDP and 3358 in favour of Mayokun Lawson Alade, the APC Candidate.
“My lords, we have complied with the provisions of the new Electoral Act 2022 in bringing our petition before the Tribunal. We have submitted all Data of all Units for Akure North which are the Units in dispute.
“With the new Law of the Electoral Act, Electoral Data is very Imperative and we have demonstrated it at this Tribunal and none of the witnesses called said the BVAS Machine were malfunctioning.
“We want your lordship to make pronouncements on the BVAS Machine which is tied to this disputed areas.
“We have been able to establish overvoting through the Data generated from the BVAS Machine, (exhibit P12 INEC Accreditation Machine)
“We have been able to show the discrepancies Unit by Unit in our written addresses in page 8, 9, 10, 11 and 12.
“My lords, this Tribunal will be the first Electoral Petition Tribunal to sit after the signing of the 2022 Electoral Act Amendment Bill into law.
“On the issue of Violence, Olumide Ogida noted that a report from INEC PW 6 tendered, was demonstrated through the oath of the witnesses as well as evidence led. We specifically pointed to the attention of your lordship to Ward 5 Unit 001. It is on page 15 of our final written addresses.
“My lords, since no evidence or witness was called to our petition by the 2nd and 3rd respondents, it seems, they have abandoned their case,” Olumide Ogida said.
After listening to both parties, the three-man tribunal headed by Justice Obadugu adjourned for judgment saying the date would be communicated to the parties.