The Court of Appeal sitting in Ibadan on Monday,
December 8, has dismissed the tribunal judgment that nullified the
election of Senator Buruji Kashamu of Peoples Democratic Party (PDP),
and declared him winner of the election, Vanguard reports.
The national election petitions tribunal sitting in Isabo court, Abeokuta, the Ogun state capital had on Friday, October 9, in its verdict, annulled the election of Prince Buruji Kashamu.
The tribunal also ordered a rerun election in 110 polling units in all the local government areas in the senatorial district, except Ijebu Ode local government council within three months of the judgment.
However, shortly after the judgment, both candidates, Buruj Kashamu and his challenger, Dapo Abiodun of the All Progressives Congress (APC )approached the Appellate Court to seek various reliefs to expressed their dissatisfaction about the tribunal verdict.
While Kashamu approached the court to dismiss the annulment of his victory, Abodiun demanded the total cancellation of the election, saying it was marred with irregularities.
Senatorial District election?
However, in a ruling yesterday, the Court of Appeal chaired by
Justice A.G. Mshelia, unanimously agreed that Abiodun did not lay a
credible foundation for the admissibility of the documents tendered to
the tribunal.
According to Mshelia, the tribunal was wrong for laying emphasis on the documents tendered by Abiodun and using it as a basis for nullification of election of some polling units.
Mshelia hence, nullified the judgment of the tribunal and declared Kashamu as the winner of the election.
The judgment reads: “PW 44 sold himself out and the tribunal should not have held that he was an expert when he himself had agreed that anyone could do what he did. No expert opinion is needed in this case since PW44 stated that anyone, even a layman, could do what he did and he has no degree in statistics.
“There is no certification of the admitted printout by the said forensic expert. So, it is not an exhibit and he also sold himself out when he stated that the Appendix A, B and C which constituted his report was printed from a computer, but the tribunal held that it was PW44’s statement on oath and not a print out.
“The case of the first and second respondents (Abiodun and APC) in this appeal collapses like a pack of cards as the respondents failed to lay necessary foundation for the admissibility of the annexes.
Exhibits A, B and C are expunged as inadmissible. PW44 was a hatchet man brought to truncate the appellant’s victory and since his testimony is that he thoroughly analyzed some documents from INEC’s register and used a computer to draw a table and print it out, the annexes are indeed a printout. It is wrong of the tribunal to place so much reliance on the evidence of a discredited witness and use an inadmissible document to arrive at its judgment.”
The three-man panel comprising Justices A. G. Msheila, M. L Shuaib and Ignatius Agube, all adopted the same judgment.
Speaking on the judgment, Prince Kashamu described it as a victory for democracy and the good people of Ogun East Senatorial District.
Dr. Alex Izion represented Senator Kashamu Buruji at the court while Ajibola Oluyede stood in for the PDP.
Yussuf Alli, SAN, represented the first and second respondents, Prince Dapo Abiodun and the APC.
Buruji Kashamu, had earlier suggested that his election was not nullified at the tribubal, explaining that national and state assemblies election petitions tribunal only nullified the votes attributed to both candidates in 110 polling units out of 1,135 in the senatorial district.
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The national election petitions tribunal sitting in Isabo court, Abeokuta, the Ogun state capital had on Friday, October 9, in its verdict, annulled the election of Prince Buruji Kashamu.
The tribunal also ordered a rerun election in 110 polling units in all the local government areas in the senatorial district, except Ijebu Ode local government council within three months of the judgment.
However, shortly after the judgment, both candidates, Buruj Kashamu and his challenger, Dapo Abiodun of the All Progressives Congress (APC )approached the Appellate Court to seek various reliefs to expressed their dissatisfaction about the tribunal verdict.
While Kashamu approached the court to dismiss the annulment of his victory, Abodiun demanded the total cancellation of the election, saying it was marred with irregularities.
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| Prince Dapo Abiodun of the APC declaring Buruji Kashamu of the winner of the Ogun East |
According to Mshelia, the tribunal was wrong for laying emphasis on the documents tendered by Abiodun and using it as a basis for nullification of election of some polling units.
Mshelia hence, nullified the judgment of the tribunal and declared Kashamu as the winner of the election.
The judgment reads: “PW 44 sold himself out and the tribunal should not have held that he was an expert when he himself had agreed that anyone could do what he did. No expert opinion is needed in this case since PW44 stated that anyone, even a layman, could do what he did and he has no degree in statistics.
“There is no certification of the admitted printout by the said forensic expert. So, it is not an exhibit and he also sold himself out when he stated that the Appendix A, B and C which constituted his report was printed from a computer, but the tribunal held that it was PW44’s statement on oath and not a print out.
“The case of the first and second respondents (Abiodun and APC) in this appeal collapses like a pack of cards as the respondents failed to lay necessary foundation for the admissibility of the annexes.
Exhibits A, B and C are expunged as inadmissible. PW44 was a hatchet man brought to truncate the appellant’s victory and since his testimony is that he thoroughly analyzed some documents from INEC’s register and used a computer to draw a table and print it out, the annexes are indeed a printout. It is wrong of the tribunal to place so much reliance on the evidence of a discredited witness and use an inadmissible document to arrive at its judgment.”
The three-man panel comprising Justices A. G. Msheila, M. L Shuaib and Ignatius Agube, all adopted the same judgment.
Speaking on the judgment, Prince Kashamu described it as a victory for democracy and the good people of Ogun East Senatorial District.
Dr. Alex Izion represented Senator Kashamu Buruji at the court while Ajibola Oluyede stood in for the PDP.
Yussuf Alli, SAN, represented the first and second respondents, Prince Dapo Abiodun and the APC.
Buruji Kashamu, had earlier suggested that his election was not nullified at the tribubal, explaining that national and state assemblies election petitions tribunal only nullified the votes attributed to both candidates in 110 polling units out of 1,135 in the senatorial district.
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