From the very onset in 2003 as
a Politician , even when I was
not a Lawyer, I have always
known that the Law of Election
Petition is skewed against the
Petitioner and rather stands in
favour of the Respondents.
Looking deep down at the plethora of Laws and
the avalanche of decided Cases
against the Petitioner made me
come to an even more
informed and obvious
realization of this undisputable
fact 1. From now on, If I contest an
Election and I am not declared
the Winner by the Electoral
Body I will not go to the
Elections Petition Tribunal to go
and say there was no Election –
Except, there is a ground of
Law to cancel the Election on
grounds of non compliance. The Law on Election Petition
does not only stand against the
Petitioner but the Courts are
WICKED against the Petitioner.
Just few instances will elucidate
what I mean.
1. By Section 139 (1) of the
Electoral Act even PROVEN non
compliance with the Electoral
Act will not invalidate an
Election as long as the non
compliance is not substantial –
The Supreme Court
interpreting this Section in
ALIUCHA V ELECHI (2012) said
“Election and its victory is like
soccer and goals scored”. That
is even if the Refree (INEC)
makes an obvious blunder,
once it is a goal, it remains a
goal. Infact, in PDP V INEC
(2014), the Supreme Court said
a Petitioner claiming non
compliance with the provisions
of the Electoral Act in the
conduct of an Election has a
duty to prove it Polling Unit by
Polling Unit, Ward by Ward and
he must establish that the
compliance is substantial and
further prove that the
substantial non compliance
affected the result of the
Election.
Was 3200 polling units in Akwa Ibom state covered by the ruling.
I believe the appeal court will upturn that judgement based on these facts. A Judgement in Ogun state tribunal yesterday buttressed these fact when Upholding Governor Amosun’s Election
sitting in
Abeokuta, the state capital. The petition filed by
the People’s Democratic Party, PDP,
governorship candidate, Prince Gboyega Nasir
Isiaka challenging the election of Amosun was
dismissed by the three man panel, presided over
by Justice Henry Olusuyi.
Justice Olusuyi said that, "all issues formulated
for determination are resolved in the negative
against the Petitioners for lack of merit …"

Chairman of the 3-man panel, Justice Henry
Olusiyi who delivered the judgment in Abeokuta
on Friday, dismissed the petition raised by the
Peoples Democratic Party (PDP) candidate, Mr
Gboyega Nasir Isiaka.
Isiaka had alleged that irregularities occurred
during the election.
Isiaka said the votes credited to Amosun in nine
of the 20 local government areas were invalid on
grounds of fraud, malpractices, ballot snatching,
stuffing and outright rigging.
He had, therefore, prayed the court to declare
him as the winner of the election having scored
the highest number of valid votes cast at the
election.
The chairman held that the claims of the
petitioner were largely unsubstantiated and the
proofs grossly insufficient to support his
allegations.
He said the responsibility of proving the invalidity
of the votes credited to Amosun which rested on
the petitioner was not properly discharged.
“Whereas the petitioner alleged malpractices in
nine local government areas, he gave evidence in
only 12 out of the entire 1,672 poling units of the
nine local governments.
“He has also failed to show that the alleged non-
compliance of the polls with the Electoral Act
2010, as amended, substantially affected the
overall result of the election.
“The petition is long in allegations but pitiably
short in evidence to prove them.
“The petitioner has failed to prove his case
against the respondents either on balance of
probability or beyond reasonable doubt.
“The election petition filed by the petitioner on
April 30, 2015 against the return of the 1st
respondent lacks merit and it is accordingly
dismissed.
“The election of the 1st respondent and the
Governor of Ogun State on the platform of the
2nd respondent in the April 11, 2015 poll are
hereby affirmed,” he said.
Akwa Ibom has been offered a fraudulent judgement just as
INEC’s lawyer, Dr. Onyechi Ikpeazu (SAN), has argued that the petitioners failed to prove the alleged irregularities and electoral irregularities polling unit by polling unit, which is the standard of proof set by the Supreme Court.
The petition will not survive the second round and by the time proper trial is ordered again 180days and de novo. Will have caught up. What you don't know. You don't know.
Afo emen ayem, afo adia,afo emen ayem okuk fo atak.

Waste of time and resources.

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