The National Assembly Election Petition Tribunal sitting in Asaba, Delta state, has declared the February 25, 2023 Delta South senatorial district election inconclusive.
The tribunal earlier dismissed the cross petition brought by Onowakpo, alleging that the credentials submitted to INEC by Diden were forged.
The margin of lead in the said election is about 2,000 votes, whereas the total number of voters who collected Permanent Voters’ Cards (PVCs) in Warri South is over 60,000.
The three-member tribunal headed by Justice Cathrine Ogunsola, ordered the Independent National Electoral Commission (INEC) to conduct supplementary election for Warri South local government area of the senatorial district within 90 days.
Justice Ogunsola who read the judgement, also set aside the Certificate of Return issued to Senator Joel Onowakpo of the All Progressive Congress (APC).
Michael Diden of the People’s Democratic Party (PDP) had in petition number EPT/DT/SEN/01/2023, approached to be declared the duly elected senator or in the alternative, the tribunal should order supplementary poll for the disputed Warri South council.
INEC had during the declaration of Onowakpo as winner of the election, cancelled the result for Warri south on ground that the result was not supported by accreditation.
But the tribunal held that Onowakpo was not duly elected by lawful votes cast, adding that the votes for Warri South were wrongfully cancelled.
Justice Ogunsola held that cancellation of results could only be done by supervising polling unit officer, and not at the local government collation level.
The tribunal lampooned the respondents particularly INEC for insisting that there was no accreditation in Warri south when the same electoral body accepted the results for the presidential and House of Representatives elections that held simultaneously with that of the Senate.
Justice Ogunsola held that the petitioners were able to prove that election was conducted in Warri south, adding that the respondents cannot continue to hide under the generic term of no accreditation to cancel the poll in the said locality.
The tribunal further held that even the respondents could not prove the allegation of no accreditation in Warri south which they so shouted, insisting that it will be a travesty of justice for INEC to declare that there was no senatorial election in the area while holding that there was presidential and House of Representatives election in the same locality.
