to re-validate the tribunal judgment that declared him the winner of the gubernatorial election that held in the state in September 2018.
Justice Sankey, having nullified the entire proceedings of the tribunal, however noted that the 180 days that section 285 of the 1999 constitution allowed for hearing of governorship election petition cases, had elapsed. It held that the failure of the Independent National Electoral Commission, INEC, to produce the ballot papers and record of accreditation to disprove allegations in the petition, did not substantially affect result of the election.
He noted that from evidence before the court, whereas Justice Obiora’s name appeared on the heading of record of proceeding for that date, the appellants’ conclusion that he was absent was based on the fact that his name did not appear on the signature page. Justice Mbaba said he was satisfied that Adeleke and PDP proved all their allegations and that INEC failed to justify the conduct of the supplementary poll.
“INEC acted dubiously in the way it handled the rerun election. INEC should not have been put in the dock if it had done the right thing at the rerun election and when INEC was in the dock it shied away without filing any argument”. INEC had at the end of an initial election it conducted on September 22, cancelled results from seven polling units in four Local Government Areas in the state, and ordered a re-run poll.
Moreover, the tribunal said the onus was on Presiding Officers in polling units where alleged electoral infractions took place, to cancel the result and report same to Ward Collation Officers.
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