AC LOSES AGAIN IN OSUN
With two judgements delivered against the Action Congress in Osun State on Monday, the party has lost all petitions filed against National and State Legislators elected on the platform of the Peoples Democratic Party.
The Justice Thomas Naron led election tribunal on Monday delivered judgement in the petitions filed by the Action Congress candidate in Oriade/Obokun Federal Constituency, Nathaniel Agunbiade against PDP’s Oluwole Oke and dismissed the petition for lacking in merit.
The tribunal similarly dismissed another petition filed by the AC candidate in Ife South State Constituency, Folorunso Oladoyin against the victory of the PDP candidate, Diran Ayanbeku.
Both cases were the last petitions against legislative elections in Osun State leaving only the governorship, the judgement date of which has not been fixed.
In throwing out the two petitions, the tribunal held that the petitioners failed to discharge the burden of proof placed on them under sections 137 and 138 of the Evidence Act by bringing unreliable witnesses and tendering weightless exhibits.
Specifically, the tribunal dismissed all witnesses called by the petitioners who described themselves as “ward supervisors” with the verdict that under the law, only polling agents could represent political parties at polling stations.
The tribunal further held that in most cases, evidence led by the petitioners were at variance with their pleadings declaring that “parties are bound by their pleadings and evidence not supported by pleadings goes to no issue just as pleadings not backed by evidence.”
While citing the case of Buhari V INEC, the tribunal held that in many instances, the petitioners gave general evidence which were lacked specificity to sustain allegations of crime.
In both cases, the tribunal declared that the petitioners failed to prove the allegations of non-compliance with the provisions of the Electoral Act,2006, wide spread irregularities and acts of violence and thereby dismissed their petitions with N20,000 costs each. |