28th September, 2011
The National and Houses of Assembly Election Petition Tribunal sitting in Iyaganku Area of Ibadan, capital of Oyo State, today nullified the election of Mr. Rabiu Musiliu Adesola of the Peoples Democratic Party (PDP) into the State House of Assembly.
The tribunal nullified the election of Adesola in its judgment in the petition with suit no. EPT/OY/SH/9/2011filed by Barrister Yisau Adesope Afeez of the Action Congress of Nigeria (ACN) in respect of Oorelope State Constituency of the state.
Afeez in his petition filed on May 15, 2011 had alleged that the return of Adesola at the April polls was invalid by reason of corrupt practices and or non compliance with the provisions of the electoral act 2010 as amended.
The petitioner had also further alleged that Adesola, the first respondent in the petition, was not duly elected by majority of lawful voters cast at the election to the seat of the state House of Assembly of the constituency on April 26, election.
The tribunal in its judgment read by the chairman, Justice Frank Nwize, after considering the evidences and exhibit tendered before it then nullified the results of three polling units out of the six complained of by the petitioner.
The tribunal nullified the results of ward 2 unit 2, ward 3 unit 3 and ward 10 unit 1in the constituency on the ground that they were fraught with fraud, irregularities and that the petitioner had established a clear case of irregularities and non-compliance with the provision of electoral act 2010 as amended.
The tribunal however held that the petitioner failed to prove an allegation of irregularities in three other polling units namely: ward 1 unit 4, ward 10 unit 9 and ward 10 unit 12.
After subtracting the 523 votes from 6484 votes recorded for PDP, the 284 votes from 6335 votes recorded for ACN, the petitioner scored 6051 votes as against 5961 votes scored by the first respondent Adesola.
Consequently, the tribunal set aside the election of Adesola of PDP and declared Aseez of ACN as the winner having scored the highest number of lawful votes in the constituency.