The National and State House of Assembly Election Petition Tribunal in Oyo State on Tuesday upheld the victory of Mr Adeniyi Fatai of Accord Party in the Ibadan South West State Constituency 1 election in the State House of Assembly.
The three-member tribunal presided over by Justice A. Abubakar dismissed the petition filed by the APC and Abimbola Omiyale, the candidate of the party in the April 11 election in the constituency.
Abubakar, who delivered the judgment, dismissed the petition for lacking in merit and for the failure of the petitioners to prove their case.
Specifically, Abubakar said that the testimony of the witnesses of the petitioners was incredible and had no value.
He held that most of what the witnesses said was hearsay and not competent to prove the petition.
The judge held that “when a document is tendered by its non-maker, the law establishes that it shall not be given any value.’’
He said the original voter register, result sheets and other documents tendered before the court by the petitioners had no value.
The judge added that INEC officials and party agents, who were the makers of the documents, were not called to testify and explain the purpose of tendering the documents.
Abubakar said that the entire exhibits tendered before the court by the petitioners were inadmissible and had no value.
The petitioners had alleged that the lawmaker was not duly elected and returned by INEC.
Their counsel, Mr Kazeem Gbadamosi, had told the tribunal that the election was invalid having been marred by irregularities, bribery of voters and malpractices.
He had urged the court to nullify the election and declare his client as the winner. (NAN)


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