Senator Sharafadeen Alli of the All Progressives Congress (APC) representing Oyo South has called on the National Assembly Election Petition Tribunal to dismiss the petition filed against him by Chief Joseph Tegbe of the People’s Democratic Party (PDP). In his joint final written address, Alli argued that Tegbe and the PDP failed to establish that he did not win the majority of votes in the February 25 election. Alli also stated that the petitioners did not provide sufficient evidence of over-voting in the polling units. He emphasized that their claims were unsubstantiated and called their actions a mere academic exercise. Alli concluded by stating that it was the duty of the petitioners to prove their case, which they failed to do.
In the joint final written address of Alli, APC and adopted on Thursday by his counsels before the lordships of the National Assembly Election Petition Tribunal sitting in Ibadan, Alli urged the tribunal to dismiss the petition filed against him by Chief Joseph Tegbe of the PDP and its party with substantial cost.
Alli, APC, and INEC were the first, second, and third respondents respectively in the petition filed by Tegbe and PDP.
Tegbe, the PDP Senatorial Candidate for Oyo South in the February 25 National Assembly election had argued that his loss was due to over-voting in some polling units and called for cancellation and rerun of the election in the 45 polling units.
However, Alli stated in the joint address that the petitioner failed to establish that he did not score the majority of votes cast at the election, describing Tegbe’s action as a mere academic exercise. He also pointed out that the petitioners failed to prove over-voting in the alleged polling units and failed to demonstrate that the alleged over-voting affected him and the APC.
Alli emphasized that the spurious over-voting could have been for any of the candidates, not just the petitioner or the respondent. He stated that the petitioners were unable to establish their complaint and failed to prove their case.
Alli concluded by stating that it was not their duty to disprove what had not been proven and that the burden of proof lay with the petitioners, which they failed to fulfill.
“We cannot be dragged into dissipating energy to disprove a petition that has not been proved.
“The petitioners witness clearly fell below the standard expected to sustain the reliefs sought in this petition having cross-examined the witnesses of the petitioners.
“The respondent have extracted sufficient evidence which nailed the coffin of the petition of the petitioners which in law was dead on arrival,” he said.
The lawmaker said the petitioner had failed to satisfy the Honourable tribunal that the alleged over- voting, though not conceded, was traceable to the first and second respondents.
He said that the petitioners have not creditably made out case for any election in the senatorial district, urging the lordships to disregard their argument.
Alli urged the lordships to dismiss the petition in the interest of justice, saying the petitioners have not established any fact to justify the reliefs sought.
“The appellant/petitioner failed to prove its case to be entitled to the reliefs sought by it.
“We therefore urge your lordships to disregard the argument of the Petitioners and dismiss the Petition with substantial cost,” he said.
The first and second respondents’ counsels are Mr Yusuf Alli, SAN; Mr Kolawole Eleja, SAN; Mr Kazeem Gbadamosi, SAN; Mr Adeboye Sobanjo, Mr Lawal Saliu, Prof. Yahya Hambali, Mr Wahab Ismail and Dr. R.O. Abdulkadir.
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