In a petition filed by NNPP and Gbogbolomo against the election conducted by INEC which returned Sarafadeen Alli of the All Progressives Party (APC) elected, the Election Tribunal sitting in Ibadan, Oyo State delivered its judgment on 4th of September, 2023 and held that the Oyo-South Senatorial Election was conducted in substantial compliance with the Electoral Act, 2022.
The 1st Respondents team led by Charles Olawale Ajiboye, Esq. had submitted that the Petition itself was incompetent as the ground upon which it was filed is not provided for by the extant electoral law. The counsel further submitted that the election was conducted in substantial compliance with the law and the Petitioners failed to rebut the presumption of regularity in favour of INEC. The 2nd and 3rd Respondents’ counsel equally argued that the Petition was incompetent and the Petitioners also failed to prove their case.
The Petitioners’ counsel had argued that the 2nd Petitioner’s party logo was omitted from the ballot paper which caused disenfranchisement of electorates which ought to have voted for the 1st Petitioner. He therefore submitted that there was non-compliance with the relevant laws by INEC in the conducting the election.
While delivering the final judgment in the case, the Tribunal held that the Petition was incompetent as the ground upon which it was premised relates to a Pre-Election matter which ought not to be brought before the Tribunal. The Tribunal further held that having regards to the pleadings and evidence before the Court, the Petitioners also failed to rebut the presumption of regularity in the conduct of the Election by INEC. The Petition was therefore dismissed.
Appearance at the Tribunal for the reading of the judgement include Adetunji Muraina, E.O Ajala-Adeoye, Boluwatife Osikomaya and Toluwani Ogunbanjo for the Petitioners while Charles Olawale Ajiboye, Ademola Orubuloye, Kehinde Afolabi, Adejorin D. Abiona, Jubreel A. Kareem and Adegbola Gbolahan appeared for the 1st Respondent. Adeboye Sobanjo appeared for the 2nd and 3rd Respondents.