THE Ondo State Election Petition Tribunal sitting in Akure, the Ondo State capital, has upheld the election of the member of the House of Representatives representing Ile Oluji / Okeigbo/ Odigbo Federal Constituency, Mr Mayowa Akinfolarin.
Dismissing the petition against Akinfolarin, by the candidate of the Peoples Democratic Party in the last National Assembly election, Mr Abayomi Akinfemiwa, Justice Victor Okorie, held that the testimony of the petitioner and some of his principal witnesses did not correspond with their statement on oath and as such could not hold water.
Akinfolarin of the All Progressives Congress was declared the winner of the February 23, House of Representatives election in Odigbo/Ile Oluji/ Oke Igbo Federal Constituency, by the Independent National Electoral Commission.
ALSO READ: 20 burnt to death in Bauchi auto crash
The PDP candidate, Akinfemiwa, headed to court to challenge the outcome of the election and filed a petition to challenge the decision of the INEC at the tribunal, on the grounds of the alleged irregularities and malpractices during the election.
Okorie while delivering his judgement also held that the onus lies on the petitioner to prove his case beyond a reasonable doubt even if the INEC, which was the third respondent in the suit, refused to call any witness.
He said the petitioner failed to establish before the court the allegation of over-voting in some polling units, non-accreditation and other forms of non-compliance to the 2010 electoral act as amended.
The three-man tribunal, however, said that the petition lacked merit and struck it out and upheld the victory of Akinfolarin in the election, saying that the APC candidate was duly elected as a representative of the federal constituency.
Counsel to the petitioner, Mr Remi Olatubora, said the judgement would be challenged at the appellate court.