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Peter Anosike
Election Tribunal sitting in Ikeja, Lagos, has upheld the election of Mr. Ganiyu Johnson of the All Progressives Congress (APC) as validly elected to represent Oshodi-Isolo Federal Constituency 2.
Justice S. I. Okpara said the petitioner, Emma Nnodim of the Peoples Democratic Party (PDP), was unable to prove beyond reasonable doubt that the election was marred with malpractice, irregularities and corruption.
According to him, the only witness provided by the petitioner was neither a polling nor a ward agent and as such was not the maker of the exhibits that were tendered in the tribunal.
He also said since the PW1 was neither a polling or ward agent, his witness was based on hearsay, adding that court cannot pass judgment based on hearsay.
“In her witness, the PW1 complained of mutilation of result sheets. However, she failed to prove beyond reasonable doubt that mutilation substantially affected the result declared.Furthermore, a judge is not permitted to embark on inquiry evidence outside his court.
The PW1 was neither a polling nor a ward agent and therefore, not the maker of the exhibits provided. So, all her evidences were based on hear say. The petitioner failed to call the makers of the exhibit.”
He said where the petitioner alleges non-compliance, the onus lies on him to prove the non-complain
To him, the petitioner’s counsel in one breathe alleged that the election was marred with malpractices, irregularities and corruption and in another breathe asked the tribunal to declare his candidate the winner of the election.
He said the tribunal wondered on what ground would be petitioner be declared winner if the election was marred with malpractices, irregularities and corruption.
Reacting to the judgment, Mr. Femi Shonekan described the judgement as historic and victory for democracy, adding that it has proved that judiciary is the last hope of the common man.
