The Court of Appeal, Ibadan, on Friday dismissed the petition filed by a former Governor of Oyo State, Abiola Ajimobi, challenging the verdict of the National and State Assemblies Election Petition Tribunal on the February 23 election in Oyo South.
The tribunal had upheld the victory of Senator Kola Balogun in the election.
Balogun polled a total of 105,720 votes to defeat Ajimobi who garnered 92,218.
Justice Haruna Tsammani, who read the lead judgment, dismissed Ajimobi’s petition for lacking in merit.
Tsammani affirmed the decision of the tribunal, adding that the tribunal was right in its judgment.
The judge held that the petitioner does not have the right to raise the issue of non-qualification of the respondent based on the conduct of the Peoples Democratic Party (PDP) primary.
He further held that a person that does not participate in the party primary does not have the right to challenge the outcome of the primary.
Tsammani said a person is qualified to contest once such a person satisfied the condition of the party and the Independent National Electoral Commission (INEC) confirmed the candidacy.
The judge said most of the witnesses presented by the petitioner were not qualified to tender exhibits and give evidence because they are not the maker of those documents tendered in court.
He said the tribunal was right in upholding Balogun’s victory in the poll and dismissed the petition.
The former Oyo State governor had gone to the appellant court to challenge the affirmation of Senator Kola Balogun of the Peoples Democratic Party (PDP) as the winner of the Oyo South senatorial election during the 2019 elections.
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