AC LOSES 3 SENATORIAL PETITIONS IN OSUN

The election petition tribunal in Osogbo Osun state on Thursday confirmed the election of Senators Iyiola Omisore, Isiaka Adeleke and Simeon Oduoye and dismissed petitions filed against their victory by Action Congress candidates in the elections.

Jide Omoworare of the AC in Osun East Senatorial district had taken Omisore to the tribunal alleging non-qualification of the PDP candidate for the election having been impeached in 2002 as the deputy Governor of Osun state.

He also alleged widespread irregularities in the polls which he claimed substantially affected the results of the election.

For Osun Central and West Senatorial districts, Sola Adeyeye and Mudasiru Hussein respectively of the AC also challenged the election of Simeon Oduoye and Isiaka Adeleke on grounds of widespread irregularities which they claimed marred the elections.

In a majority judgement read by Chairman of the panel, Justice Hamman Barka, the tribunal declared that the impeachment of Omisore could not disqualify him from contesting the election as only a court or tribunal could try and convict him for breach of Code of Conduct.

Justice Barka also dismissed allegations of violence and irregularities raised by Omoworare because he did  not prove it with  credible evidence which could only be done by polling agents who witnessed the  events at the polling units.

A minority judgement read by Justice Aderonke Aderemi, however, declared him not qualified to contest the election as his impeachment could be equated to a conviction by a court of having by virtue of its being a legislative decision.

Justice Josiah Majebi who delivered the unanimous verdict of the tribunal in the petition against the election of Adeleke declared that the petitioners failed to prove their allegations of irregularities and violence with credible evidence as no polling agent was called to give evidence.

The tribunal averred that ward supervisors called by the AC were not known to the law and their evidence was hearsay.

Although Justice Toyin Ipaye, who delivered the unanimous judgement of the tribunal in the case against Oduoye declared him properly elected and returned as senator, she said the tribunal found that allegations of substantial violence and irregularities were proved in five out of the 10 local governments in the senatorial district. 

The tribunal, she said however, was  of the view that the irregularities did not substantially affected the result of the election and as such could not cancel it.

While dismissing the three petitions, the tribunal awarded no costs against the petitioners while counsel to all the parties thanked the panel for what they called “the well considered judgements”