Tribunal Strikes Out PDP, Adebutu’s Petition, Upholds Abiodun’s Victory

Michael-Azeez Ogunsiji

ABEOKUTA – After 11 hours, 23minutes sitting, the Ogun State Election Petition Tribunal on Saturday struck out the petition filed by the Peoples Democratic Party (PDP) and its governorship candidate, Ladi Adebutu challenging the victory of governor Dapo Abiodun at the March 18 election.

The three-man panel headed by Justice Hamidu Kunaza unanimously declared Abiodun as the duly elected governor of the state.

The tribunal judges described Adebutu and PDP’s petition as incompetent, defective, disjunctive, vagueness and lack of understanding of the usage of the wordings of the Electoral Act, among others; resulting in inability of the petitioners to prove any of the grounds of the petition.

PDP and Adebutu had dragged Abiodun and APC before the Tribunal, alleging that the governor did not win the majority of votes cast during the March 18 governorship election.

PDP and Adebutu in the petition marked, EPT/OG/GOV/03/2023 accused the INEC of non-compliance to the Electoral Act and corrupt practices during the election.

The petitioners also alleged that elections were disrupted by thugs in over 99 polling units, disenfranchising over 40,000 voters from participating in the election.

But the judges held that the petitioners failed to prove beyond reasonable doubt, the allegations of non-compliance, overvoting, disenfranchisement of voters and corrupt practices during the polls.

Reading the judgement, Kunaza held that the petitioners failed to prove the fact of their case, saying “On the whole the petitioners have not successfully prove the allegation of non compliance with the electoral act and have not discharge the burden of prove”.

On disenfranchisement, the Tribunal held that there was no direct evidence to prove that the voters were disenfranchised.

Kunaza maintained that the disenfranchised voters must testify that they were ready to vote; if they were allowed to vote their candidate would have won; and that they had their voters’ cards and were registered voters.

On alleged corrupt practices, the Tribunal insisted that none of the witnesses could not establish the allegation of corrupt practices against the second respondent (Abiodun).

On the ground calling for the disqualification of Abiodun due to criminal records, the court declared that the petitioners failed to show that the second respondent (Abiodun) have been tried, arraigned and convicted in the US.

In his final judgement, Kunaza said, “I uphold the election of Dapo Abiodun as the dully elected governor of Ogun State in the March 18 election.”

Meanwhile, the All Progressives Congress (APC) in Ogun state has congratulated the State Governor, Prince Dapo Abiodun, CON, on the victorious judgment delivered by the Ogun State Election Petition Tribunal on Saturday.

The APC, in a statement by its publicity secretary, Tunde Oladunnoye, quoted the state Chairman of the party, Chief Yemi Sanusi, describing the victory of the party at the polls and the tribunal as “divine mandate”.

“We went round the 20 local government areas of the state, we went to some local governments twice, we campaigned vigorously in the wards, we showcased what our party and government have done in four years and was doing. In most of our campaigns, we commissioned projects and inaugurated new ones which was unprecedented in the electioneering annals of Nigeria. Our people believed in us, trusted us and voted for continuity. We had no doubt about our electoral victory and it was indeed a divine mandate,” Sanusi said.

“We have always known that the PDP is as disorganized as its ramshackle petitions. which the party and its highly incompetent and run away defeated candidate knew or ought to have known cannot succeed. They merely wanted to reap where they did not sow, forgetting that you can’t build something on nothing. The tribunal has rightly done justice and due diligence to their spurious petitions. We only hope that Ladi Adebutu will eat the humble pie and return to Nigeria and face his criminal charges of votes buying and money laundering hanging on his neck at the High Court. We challenge him to be man enough to return to Nigeria,” the APC chairman said.

Sanusi also commended the victorious legal team:
“Our party and Governor assembled the best brains in election tribunal warfare in Nigeria today. There is no election dispute of note that is relied on in this case that at least one of our lawyers is not a part of,” he added.

“Finally, to God be the biggest credit and glory. We appreciate the unusual grace of God upon Prince Dapo Abiodun, to the chagrin of his detractors. Not many have this grace that when you think they are locked in, God opens the roof for them to walk free. Till today, many cannot understand why God chose Dapo Abiodun against all odds, but He did, and there is nothing his detractors could do about it,” Sanusi concluded.