The National Assembly Election Petition Tribunal yesterday dismissed the case filed by Ekpoto Emmanuel of the All Progressives Congress (APC) challenging the election of Hon Thomas Ereyintomi of the Peoples Democratic Party (PDP) in the February 28, 2023 general election.
Chairman of the three-man panel of the tribunal which sat in Asaba, Justice Catherine Ogunsola, dismissed the case saying that the petitioner’s case lacked merit and that the petitioner failed to prove his case beyond reasonable doubt.
The panel further said that the evidence brought before the tribunal by the petitioner are not admissible in the eye of the law.
“The petitioners failed to call evidence unit by unit and ward by ward to establish malpractice in the election.
“The petitioner in its pleadings did not demonstrate the discrepancy between the number of accredited voters, the lawful votes cast and how it affected the outcome of the election. Attempt to do this in its written address was of no moment.
“The alleged forgery of the third respondent’s NECO was not established as there is no disclaimer from the issuing authority. Besides, no mens rea could be inferred,” the tribunal said.
Every relief in the petition as well as the petition itself were dismissed with the cost of N500,000 against the petitioner in favour of the second and third respondents.
Speaking with journalists, counsel to the lawmaker, Robinson Arhiyo said, “It is victory for democracy and for the electorate who voted massively for Hon Thomas Ereyintomi during the election.”
INEC, on March 2, declared Thomas Ereyintomi, winner of the election having scored 20,155 votes to defeat his closest opponent, Omatseye Young Piero of the Labour Party (LP), who polled 9,491 votes.
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