Background
This appeal arises from the decision of the National and State Houses of Assembly Election Petitions Tribunal in Lagos State, which dismissed the petition filed by Hon. Rita Orji of the People's Democratic Party (PDP) against the declaration of results whereby Hon. Kolawole Taiwo Musibau of the All Progressives Congress (APC) was declared the winner of the Federal House of Representatives elections for Ajeromi-Ifelodun Federal Constituency held on 23 February 2019 and rerun on 27 April 2019.
Issues
The main issues presented in this case are:
- Whether the Tribunal was right to disregard the testimonies of election agents because their statements were similar.
- Whether the Tribunal correctly disregarded the evidence of subsequent witnesses.
- Whether the Tribunal erred in its reliance on certain documents which were not duly frontloaded.
- Whether the appellants proved that the cancellation of results was unlawful.
- Whether the appellants established acts of non-compliance and corrupt practices.
Ratio Decidendi
The Court held that:
- The Tribunal correctly found that the evidence presented was not sufficiently credible and was too similar to suggest independent accounts by the witnesses.
- Failure to comply with statutory requirements in presenting evidence can render such evidence inadmissible.
- The appellants did not meet the burden of proof required to successfully challenge the election results.
Court Findings
The Tribunal found that the cancellation of results was valid and based on credible reports from presiding officers on the grounds of violence and over-voting. The allegations of electoral malpractice presented by the appellants lacked substantive proof, and the burden remained on the appellants to demonstrate specific instances of misconduct affecting the election's outcome.
Conclusion
The dismissal of the petition by the Tribunal was upheld, confirming that the provisions of the Electoral Act were followed and that the appellants failed to provide sufficient evidence establishing their claims.
Significance
This case emphasizes the standards required for proving allegations in election petitions, particularly regarding the admissibility and credibility of witnesses' testimonies. It underscores the need for parties challenging election results to substantiate their claims with credible evidence while adhering to procedural requirements.