Kogi Tribunal: Justice Ovbragele orders fresh election in a dissenting decision

• Says evidences were tendered to substantiate electoral malpractices

In a split decision of two-to-one, the Kogi State Governorship Election Petition Tribunal has upheld the election of Yahaya Bello as Governor of Kogi State.

The tribunal, headed by Justice Kashima Kaigama, in its majority judgment, rejected the argument of the majority position of members of the panel.

It noted that while “the petitioners pleaded over-voting, violence, violation of electoral law, hijacking of polling units and electoral materials by armed thugs in seven local government areas of Kogi State, they failed to support their allegations with sufficient evidence.

The tribunal discountenanced the testimonies of some witnesses, on the grounds that they were hearsay evidence.

It held: ”On the whole, the petitioners failed to prove the allegation of over voting beyond reasonable doubt.”

The tribunal consequently affirmed the election of Governor Bello and ordered each of the petitioners to pay the sum of N500, 000 to the second and third respondents in the petition.

In a dissenting decision, Justice Ohimai Ovbragele faulted the majority judgment of the panel.

Justice Ovbragele held that Bello was not dully elected governor by lawful majority votes.

The judge noted that evidences were tendered to the effect that the election that produced Bello was marred with violence and other electoral malpractices.

He said his colleagues on the panel ought to give credence to the testimony of Prof. Tanko Ishaya, a professional and an expert called by the petitioners, adding that Ishaya’s testimony was not contradicted and was not challenged by any of the respondents’ witnesses.

Justice Ovbragele added: “I hereby make an order nullifying the election of the second respondent and INEC should withdraw the certificate of return issued to him and conduct a fresh election into the governorship position of the state.”