Follow Us on Google
Tony Osauzo, Benin
The petition filed by the candidate of the All Progressives Congress for Esan West/Esan Central and Igueben Constituency in the House of Representatives, Mr. Patrick Idiake, against the election of Hon Edionwele of the PDP, has been thrown out for lack of merit.
The petitioner had asked the tribunal to declare him winner since the election did not hold in Unit 9, Ward 9 in Esan West Local Government Area and that the election of Edionwele was invalid by reason of non-compliance with the Electoral Act.
But the three-man tribunal in a unanimous judgment said the petitioners did not prove allegations of corrupt practices beyond reasonable doubts, adding that the evidence of the witnesses called by the petitioners were not credible and could not substantiate their claims.
The tribunal held that there were indications that the witnesses called by the petitioners were tutored and gave no details of action incidences.
“The court cannot act on speculation on documents dumped on the tribunal without evidential value. The tribunal is duty-bound to discredit incredible witnesses.
“The petitioners’ witnesses did not speak to the document. The case of the petitioners must succeed on its strength and not the respondent.
“The petitioners made several emphases on Unit 9 Ward 9 whose incidence was caused by its witness who stopped INEC from carrying out its functions and he is turning around to accuse them.
“There are evidence that materials were made available by INEC but PW10 did not allow them carry out their functions.
“The petitioners’ claim before us has failed. They failed to prove their case. The petition is dismissed and the return of the first respondent as the winner of the election is upheld.”
