Kwara Election Tribunal delivers judgement amidst tight security, upholds Gov AbdulRasaq’s victory

By Kayode Adeoti

There was heavy security presence at the Kwara State High Court on Friday as the Election Petition Tribunal, delivered judgement, upholding governor AbdulRazaq’s victory at the last general election.

The Police officers numbering about 30 were sighted manning the main entrances of the High Court and the courtroom where the judgement was delivered.

The 3-man Tribunal, chaired by Effiong Bassey, in its judgement, dismissed the petitions of Peoples Democratic Party (PDP) and its governorship candidate,  Hon. Rasaq Atunwa, seeking the nullification of Governor AbdulRahman AbdulRazaq’s election on the ground that he presented forged secondary school certificate to the Independent National Electoral Commission (INEC).

In the judgement that lasted for over three hours, the Tribunal dismissed the argument of 1st respondent on jurisdiction and admitted that it has power to entertain the matter.

The judgement also dismissed the claim of the 2nd respondent, All Progressives Congress (APC) that the suit was a pre-election matter that ought to have been filed before the poll.

The Tribunal further admitted that it can adjudicate on allegation of forgery in view of section 6 (36) of the Nigeria constitution as amended.

The 7 applications of preliminary objections of the 3rd respondent was also overruled by the Tribunal.

According to the judgement, the petitioners were of the opinion that governor submitted forged certificate to INEC and that the document shows significant alteration, suggesting that it was doctored.

The Tribunal also read that the pensioners alleged that the name of candadiate of WAEC is always written in full as against the way governor’s name was written.

The judge also noted that the petitioners were seeking that Atunwa should be declared winner of the poll and subsequently sworn in as Governor of Kwara State.

The Tribunal however ruled that the certificate was authentic and that it emanated from the body that conducted the examination.

The judge said WAEC confirmed to the Tribunal that AbdulRazaq’s certificate was “genuine and authentic”, adding that a classmate of the Governor also told the panel that the latter sat in front of him in the secondary school leaving certificate examination of June 1976.

Effiong said WAEC, which is the only statutory body to issue such a certificate, had made it clear that AbdulRazaq’s credential with all the relevant security details had emanated from it and that no other person can make contrary claim.

“From all the evidences before us, we hold that the petition lacks merit and is hereby dismissed,” the Judge said.

Effiong said according to law where a petitioner makes the commission of a crime the kernel of their petition, then they must prove it beyond reasonable doubt.

“Has the petitioner discharged the burden of proof expected of them? From the evidence in this case, the answer is a resounding no,” Effiong added.

“We hold that all the evidences presented by the West African Examination Council (WAEC) — which the petitioners had relied upon and subpoenaed —were at variance with the pleadings of the petitioners,” Effiong added.

He insisted that the petitioners failed to prove that the Governor forged a certificate or presented a forged certificate in support of his candidature as alleged in their petition.

Meanwhile, counsel to the PDP, Kingsley Odey, from Paul Urekero’s chamber while speaking to the press over the judgement, noted that his clients may likely proceed to the Court of Appeal to seek redress.

He said, “We are bound by the judgement of the Tribunal, as I speak to you now, I don’t have that capacity to say whether we are going to appeal or not, we’re only counsel to the petitioners.

“We just applied for the certified copy of the judgement, immediately we get it, we’ll have to study it and advice our client appropriately. Then, we’ll know the way forward on the issue.”