There is a dramatic twist to the battle for the Ekiti South Senatorial district slot as the All Progressives Congress candidate (APC), Senator Adedayo Adeyeye, who was removed by pronouncements of the Ekiti State Election Petition Tribunal and the Court of Appeal has filed a petition for the review of the judgment which sacked him from the National Assembly.
Justice Uzor Anyanwu of the appeal court in Kaduna, had last November, upheld the Ekiti state tribunal judgment which last September declared the candidate of the Peoples Democratic Party (PDP), Abiodun Olujimi, winner of the Ekiti South Senatorial election held on February 23.
But Adeyeye in a document addressed to the President of the Court of Appeal, sighted by Tribune Online and dated November 25, 2019 is demanding for a fresh panel of the appellate court to review his case.
Adeyeye, in his petition, said he was emboldened to file the petition after receiving the Certified True Copy of the judgment of the Court of Appeal, which he noted were revealing of anomalies which could cast a slur on the integrity of the nation’s judiciary and ultimately threaten its democracy.
The APC candidate in the last national assembly election specifically expressed reservations over the jurists reliance on the results compiled by the polling agents appointed by a candidate in an election as against the official results released by the electoral umpire, the Independent National Electoral Commission.
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The petition read in part: “Having read the judgement of Court of Appeal, it is self-evident that the justices of the Court of Appeal, who purportedly heard and determined my appeal, failed, refused and or neglected to abide by the rule of law as enshrined in the Constitution, the Electoral Act and the Evidence Act.
“My case, therefore, lends itself as a textbook case for miscarriage of justice.
“Failure and refusal of the Court of Appeal panel to consider my reply brief and pronounce on sundry fundamental issues raised in my appellant’s briefs, stoutly lend credence to this petition.”
Tribune Online checks revealed that the Ekiti Tribunal in its final computation, awarded Mrs Olujimi 54,894 votes to emerge victorious over the Senate committee chairman on media and publicity, who polled 52,243.
But Adeyeye in his petition said he won the election by scoring 77,621 votes while Olujimi got 53,741 votes from 600 polling units across the senatorial district.
He expressed surprise that the Appeal Court relied on the evidence of 14 witnesses out of 600 polling agents who witnessed and signed the results sheets on the day of the election.
He said the Election Petitions tribunal relied on the witness for Olujimi who submitted a document which he claimed were full of mathematical calculations.
According to Adeyeye, the document submitted by the PDP agent indicated that he scored 55,787 votes as against the sitting senator, Biodun Olujimi who scored 55,171 votes.
“By reason of the unproven allegations, about 22,834 votes were cancelled from my votes. This is also notwithstanding the fact that the said 22,834 votes were undisputed votes of duly accredited voters.
“Effectively, therefore, the tribunal relied on PW15 (who was not an eye witness in any polling unit), and his exhibit P85 (which was not backed by evidence of ballot papers in court), to remove me from the position I was duly elected to.
“My profound conviction is that, it is not out of place for your lordship to leverage on the inherent powers and sanctions of a court of law as preserved in the constitution to constitute a new panel of justices of the Court of Appeal to hear my appeal in the manner prescribed or contemplated by the constitution and established judicial precedent.”
and then