The 2019 National and state house of Assembly elections petition tribunal in Ondo state has dismissed the petition of Abayomi Akinfemiwa of the people’s Democratic party seeking the upturn of the election of Mayowa Akinfolarin of the All progressives Congress for ileoluji Okeigbo/Odigbo federal constituency.
The three man panel headed by justice Nuhu Adi said the petitioner could not prove his allegation of malpractices and non compliance to the electoral act during the February 2019 National Assembly elections.
The two hours judgement which was read by Jutice Victor Okorie took time to appraise the submissions of counsels to the petitioner and the respondents.
The tribunal held that the testimony of the petitioner and some his principal witnesses did not correspond with their statement on oath and as such could not hold water.
The justices noted that the onus lies on the petitioner to prove his case beyond reasonable doubt even if INEC, the third respondent, refuses to call any witness.
The tribunal also held that the petitioner failed to establish the allegation of over voting in some polling units, non accreditation and other forms of non-compliance to the 2010 electoral act as amended.
It therefore described the petition as lacking in merit, struck it out and upheld the election of Mayowa Akinfolarin as duly elected representative for ile oluji oke igbo/Odigbo federal constituency.
With the resolution of the akinfemiwa versus Akinfolarin petition, there are three more cases to be dispensed out of the 7 filed before the tribunal within its 180 days lifeline.