The National Assembly Elections Petition Tribunal of Kogi State, on Tuesday, May 26, has reserved the judgment on the petition filed by the Senator Dino Melaye over the Kogi West senatorial rerun election.
Melaye is challenging the declaration of Senator Smart Adeyemi as the winner of the election.
The Independent National Electoral Commission (INEC) had declared Adeyemi as the winner of the November 16/30, 2019 Senatorial rerun election following which Melaye approached the election tribunal to challenge the results of the election.
The three-member panel of the tribunal led by Justice Sambo, however, reserved the judgement after the parties had adopted their final written addresses.
Adopting the address, Prof Egbewole asked the court to grants his prayers and declares Melaye as winner based on the alleged evidence that the petitioners had the majority of lawful vote with 46,649 votes against INEC and APC which hold 43,543 votes.
Prof. Egbewole, however, said though the figure was different from the one they pleaded in court against INEC, but submitted that their prayers should still be considered.
Barr. Chris Alashe, counsel to 1st respondents (INEC) asked the court to dismiss the case in ‘adumbration”, stating there was no evidence to the figure brought by the Petitioner, hence, the case be dismissed in its entirety.
Counsel to Senator Smart Adeyemi who was the second respondents, Dr. Otitoju Oladapo, urged the tribunal to look into his objections to the Petitioner’s prayer contained in his final written addresses, “We seek to adopt that your Lordships to dismiss this petition.
We also filed on the points of law to tendering of documents, urged you to dismiss the petition for lacking in merit and substance.
“The petitioner failed to proof the petition by bringing credible witness to proof its case.
When a witness lies before the court it becomes unreliable and the evidence the counsel to the petitioners brought this morning emanated from his table and it cannot stand as evidence before your Lordships.
The vote was not born in this process and therefore it cannot be giving a serious backing because it is forbidding.
“I urge your Lordships to discountenance the paragraph (3.00-5.0 ) it amounts to reargument which the court forbid.
Having satisfied the law the 2nd respondents was declared the winner and it has not been disproved by any witness.
On this, I pray the Lordships to dismiss the petition.”
Barr. M Y. Abdulahi, who is the 3rd respondents’ counsel, (APC) said the tribunal should not only dismiss the petition but cost should be awarded in their favour, “As the figure the petitioner brought to the court was not pleaded and it was manipulated by the counsel to the petitioner.
We urge your Lordships to dismiss this case in entirety”.
The tribunal, after listening to the adopted final briefs of arguments, reserved judgement, saying counsels involved will be communicated.
