…Awards N1m fine against Wada, PDP
…We will go on appeal – Wada
By Yemi Oyeyemi ,Abuja
The Kogi State Election Petition Tribunal sitting in Abuja, in a decision of two to one judgment on Saturday affirmed the election of Yahaya Bello as the duly elected governor of Kogi state.
The Tribunal had on May 7, 2020 reserved judgment in the petition filed by the Peoples Democratic Party (PDP) and its governorship candidate, Engineer Musa Wada, in the November 16, 2019, governorship election in Kogi State, challenging the election of Governor Yahaya Bello.
The three-man panel of judges, headed by Justice Justice Kashim Kaigama, in its majority judgment in the petition marked EPT/KG/GOV/06/2019 Saturday held that allegations of electoral malpractices are supposed to be proved beyond reasonable doubt.
Justice Kaigama, who read the lead judgment of the Tribunal held that Wada and his party failed to prove their allegation of over-voting and other alleged electoral malpractices beyond reasonable doubt as required by law.
The Tribunal, in the majority judgment held that, “The petitioners pleaded over-voting, violence, violation of electoral law, hijacking of polling units and electoral materials by armed thugs in seven local government areas of Kogi state but failed to support their allegations with sufficient evidence”.
The Tribunal, while discountenancing the testimonies of some witnesses for being hearsay, held that, ”On the whole, the petitioners failed to prove the allegation of over voting beyond reasonable doubt”.
The Tribunal consequently affirmed the election of Governor Yahaya Bello and ordered each of the petitioners to pay the sum of N500, 000 to the second and third respondents in the petition.
A member of the Tribunal, Justice Ohimai Ovbragele, in a dissenting judgment faulted the majority decision of the two other members on the panel.
Ovbragele held in his minority judgment that Yahaya Bello is not dully elected governor of Kogi state by lawful majority votes as evidences were tendered to the effect that the election that produced Bello was marred with violence and other electoral malpractices.
He said his colleagues on the panel ought to give credence to the testimony of Prof. Tanko Ishaya, a professional and an expert called by the petitioners, adding that Ishaya’s testimony was not contradicted and was not challenged by any of the resppndents’ witnesses.
“I hereby make an order nullifying the election of the second respondent and INEC should withdraw the certificate of return issued to him and conduct a fresh election into the governorship position of the state”, he added.
Reacting to the judgment, counsel to the petitioners.Mr Jibrin Okutepa (SAN), said his clients will appeal the judgment of the Tribunal and will pay the fine as ordered in the majority judgment.
Meanwhile, the PDP insists it won Kogi the election and says it is confident it will get justice at the Appeal Court
In a statement, it maintains its candidate, Engr. Musa Wada, won the November 2019 Kogi state governorship election, adding that it will never relent until it reclaims the mandate at the Appeal Court.
The opposition party described the judgment of the Election Tribunal as an alarming miscarriage of justice, particularly as the PDP and its candidate, Engr. Musa Wada, laid incontrovertible proofs of electoral manipulations by Governor Yahaya Bello and the All Progressives Congress (APC), as affirmed by Justice Ohimai Ovbiagele in his landmark dissenting judgment.
It adds, “Our party was able to lay incontestable evidence of over-voting, massive thumb printing, voter intimidation, thuggery, violence and other malpractices used by the APC and compromised Independent National Electoral Commission (INEC) officials to rob our candidate and the people of Kogi state of their mandate.
“The PDP expressed shock that despite the overwhelming evidence before the tribunal, proving that Governor Yahaya Bello did not win the election, justice was thwarted to the disappointment of the people of Kogi state and generality of Nigerians.
“In fact, the lull and despondency that have enveloped Kogi state since the tribunal’s flawed verdict is an indication that the judgment failed to uphold justice in the genuine aspiration of the people of Kogi state in the election.
“The fact remains that the evidences are clear that our candidate is the genuine choice of the people and our party is confident that the Court of Appeal will uphold justice in this matter.
“The people of Kogi state now look up to the Appeal Court to reverse this injustice endorsed by the tribunal, given the evidence laid, as affirmed by the courageous verdict of Justice Ohimai.
“The PDP commends Justice Ohimai for his fearlessness in upholding the truth and showing that there is hope in the institution of the judiciary, which our party is confident, will be further established by the Appeal Court in this matter.
“Our party is confident that the Appeal Court will address the substance of the case, which the tribunal overlooked in rendering its defective judgment.
“The people of Kogi state deserve a government elected by them and not one imposed by enemies of democracy and compromised officials at INEC.
“The PDP however urges the people not to despair over the judgment of the tribunal as justice will definitely be served at the Appeal Court.”