Olujimi asks tribunal to declare her winner of Ekiti South poll
Adeyeye says petition lacks of merit
Senator Biodun Olujimi of the Peoples Democratic Party (PDP) has asked the Election Petitions Tribunal sitting in Ado-Ekiti to declare her winner of the 2019 Ekiti South Senatorial District election held on February 23, 2019.
Olujimi and her party made the demand in a 35-page final written address filed through their counsel, Prof. Wahab Egbewole (SAN), before the tribunal in Ado-Ekiti yesterday.
Egbewole said his client had proved her case based on balanced of probability and weight of evidence adduced during hearing of the petition, alleging that the said election was marred with irregularities contrary to the dictates of electoral laws.
On the other hand, the lawyer to Adeyeye, Rafiu Balogun, urged the tribunal to strike out the petition for lack of merit.
Balogun said the fact that the petitioner failed to establish cases on non-compliance and criminal conducts during the poll and how it affected the outcome of the election had rendered it incompetent.
“If you read the petitioner’s application, she said no election was held at all in all the units and she contradicted herself by asking for declaration when no election was held in her claim.
“She said in the alternative that the court should nullify the election and fresh election conducted. This further makes the petition to lack merit because where court nullifies on the basis of non-compliance, the court will order fresh election and no declaration can be made.
“If you read through the petition, it consists of criminal and civil allegations because she said INEC subtracted her votes while also proving non-compliance. Having failed to sever the criminal allegation from the civil through a motion rendered it invalid.”
“Again, she only called 15 out of out 200 witnesses listed. Even if the tribunal nullifies those places, we will still win with 19,000 votes.”
Meanwhile, the case has been adjourned for judgement.