The Kwara State Election Petition Tribunal on Wednesday delivered judgment on the petition challenging the election that produced Hassan Elewu of the All Progressives Congress ( APC) as member Kwara State House of Assembly, representing Ilorin South Constituency by Jimoh Raheem Agboola of People’s Democratic Party (PDP).
Recall that in the petition number KW/EPT/HA1/2019, Jimoh Raheem Agboola with his party, People’s Democratic Party (PDP), through their Counsel, Abdulwahab Bamidele, A.A. Ibrahim and a host of other counsels represented the Petitioners at the tribunal where they were seeking for legal redress on the House of Assembly poll in Ilorin South state constituency on the premise that the candidate returned by INEC as the winner of the Election was not qualified to contest the said election.
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In the judgment delivered by the Tribunal and read by Justice Mariya M. Ismaila, the issue of jurisdiction was resolved against the respondents, namely, Sulaiman Shehu Abdulsalam, APC, and the Independent National Electoral Commission (INEC).
The Tribunal on its stance over jurisdiction to entertain the matter, held that it had the prerequisites powers to hear the Petition and that it is fortified by the provision of section 138 (1) (a-e) of the Electoral Act, 2010 (as amended)
On the merit of the petition, Justice Mariya Ismaila resolved the issue against Agboola and PDP on the basis that they failed to prove allegation of forgery and deposition to false affidavit raised against the 1st Respondent.
On the question of who was the actual candidate of the APC for the poll between Elewu and Shehu, the Tribunal posited that Shehu’s name is contained in the Election results declared by INEC and a rebuttable presumption existed that Sulaiman Shehu Abdulsalam was the candidate presented by party, APC.
However, the Tribunal further found that since all the Respondents have deposed that Hassan Elewu is the candidate of the APC, the presumption that Sulaiman Shehu Abdulsalam is the candidate of APC has been successfully rebutted.
Meanwhile, Tribunal in its central ruling nullified the election that produced All Progressive Congress (APC), candidate and ordered the fresh election within three months time.
In the circumstance, Tribunal ordered INEC to withdraw any Certificate of Return already issued in respect of the said election.
