Election Tribunal: Court upheld victory of Gbajabiamila

The Lagos State National Assembly Election Petitions Tribunal has upheld the victory of the Majority Leader of the Federal House of Representatives, Femi Gbajabiamila
It would be recalled that, Gbajabiamila, was declared winner of the March 28, 2015 poll by the Independent National Electoral Commission after polling 21,715 votes.
But his victory in the election, is being challenged by the candidate of the Peoples Democratic Party, Mr. Tony Ashikodi, who polled 14,550 votes.
Ashikodi, had alleged that the election was characterised by irregularities and a breach of the guidelines set out by INEC for the conduct of the election, seeking to nullify Gbajabiamila’s victory.
The petitioner had also prayed tribunal seeking an order for a fresh conduct of  election, arguing that Gbajabiamila did not score the highest number of valid votes as declared by INEC.
Ashikodi’s counsel, Kalu Onuah, said the tribunal was bound to declare  null and void the declaration by INEC that Gbajabiamila won the election, in compliance with Section 53(2) of the Electoral Act, 2010 which mandated the nullification of any election where the number of votes cast exceeded the number of registered voters.
Onuah, further argued  that a situation where the result sheets were not signed and counter-signed by the agents of the candidates at the polling units should lead to the nullification of the result.
Opposing him, counsel for Gbajabiamila and the APC, Omotayo Olatunbosun and T.N Olaitan, respectively, said the petitioner’s counsel misconceived the law and misrepresented the facts.
The respondents’ counsel argued that none of the exhibits tendered by the petitioner and his party alluded to any of their claims that the election was fraught with irregularities.
Delivering judgment, the chairman of the tribunal, Justice C. U. Anwuka dismissed the petitions and resolved all the issues raised in favour of the respondents.
Justice Anwuka, said the petitioner had failed to prove its case beyond reasonable doubt. Adding that the PDP candidate failed to substantiate his allegations of ballot boxes snatches and falsification of result sheets by not calling witnesses to justify his claim.
The Tribunal also faulted Ashikodi's claim of multiple irregularities adding that the petitioner said in his evidence in chief, that he was not present at the collation centre.
Anwuka further said that the petitioner did not link any document tendered with his allegation of irregularities.
On issue of the allegation of failure to comply with section 139 of the electoral act, the tribunal held that the petitioner was wrong in law.