Tribunal sacks Oyo lawmaker
From Iyabo Lawal, Ibadan

THE elections petitions tribunal sitting in Ibadan, Oyo State capital, yesterday nullified the election of a lawmaker in the House of Assembly, Dauda Lawal, for failing to comply substantially with the relevant provisions of the Electoral Act.


In the judgment read by Justice Y.A. Bashir, the tribunal held that since a case of over-voting and non-accreditation of voters pleaded by the All Nigeria Peoples Party (ANPP) candidate, Sikiru Adebayo was established, the Independent National Electoral Commission (INEC) should conduct a fresh election into Lagelu Constituency.

The ruling brings to five the number of Peoples Democratic Party (PDP) lawmakers who have lost their seats in the Assembly.

INEC had gone to the tribunal to challenge the declaration of Lawal by the electoral commission as the winner of the April 14, 2007 poll into the constituency.

Through his counsel, Mr. Tiamiyu Abdul Wahab, the petitioner prayed the tribunal to void Lawal's election on the ground that it was inconclusive and did not comply substantially with the Electoral Act.

Adedayo claimed that election in Lagelu was characterised by over-voting, snatching of ballot boxes, non-accreditation of voters, violence and acts of thuggery.

Lawal faulted all the allegations and urged the tribunal to dismiss the petition, arguing that the election complied substantially with the Electoral Act.

The tribunal did not accept his pleas as it held that a case of over-voting and non-accreditation of voters was established by the petitioner.

Justice Bashir said that where such instances were established, all the votes cast should be deducted from the score of each candidate that participated in the exercise.

He said after the deductions were made, the defendant led the petitioner by 95 votes, which could go either way if the election had complied substantially with the Electoral Act.

The tribunal, therefore, nullified the election and ordered a fresh poll.