PDP, Fayose reject judgement upholding Fayemi’s victory

The Ekiti State Governorship Election Petition Tribunal sitting in Abuja on Monday upheld the victory of the state Governor , Dr Kayode Fayemi , in the governorship election held on July 14, 2018.

The tribunal said the petitioners , the Peoples Democratic Party and its candidate, Prof Kolapo Olusola , failed to prove allegations of substantial non- compliance with the Electoral Act.

The three- man panel chaired by Justice Suleman Belgore held that the petitioners failed to prove that Fayemi of the All Progressives Congress was not duly returned as winner by the Independent National Electoral Commission .
It also quashed the report of the Justice Oyewole Commission of Inquiry set up by former Governor Ayodele Fayose, which placed a 10- year ban on Fayemi .

The tribunal said the panel lacked the power of a court and therefore could not sanction Fayemi .

In the over 700 – page petition, Olusola had asked the tribunal to declare him the winner of the election “ having scored the majority of lawful votes.”
According to him , he scored the majority lawful votes because the election was fraught with irregularities .

The petitioners challenged the results of the election in 1, 458 of the 2 , 195 polling units .

In the unanimous judgement , which lasted five hours and was delivered by the chairman , the tribunal held that the petitioners were unable to prove cases of non – compliance , over- voting and voter intimidation among others as claimed in the petition.

Besides , the tribunal noted that no single ballot paper was tendered to prove that votes of the petitioners were deliberately voided by INEC officials in collaboration with agents of the APC.

“ The petitioners did not show that only those that came to vote for them were affected by improper conduct , even if there was any .

“ Nobody came to the tribunal to say they were driven away after accreditation . The petitioners have the burden to prove that all the affected voters would have voted for them . We hold that the onus of the proof was not discharged by the petitioners,” the chairman said.

He added , “ We have no hesitation to say the election was held in a convivial atmosphere, accreditation peaceful , voting peaceful , sorting peaceful , counting peaceful and the collation of results peaceful .