By Kayode Adeoti
The Kwara State Election Petition Tribunal, on Tuesday, delivered a
judgement, nullifying the election that produced Hassan Elewu, as the
House of Assembly member, representing Ilorin South Constituency at
the state House of Assembly.
The Tribunal in its judgement also ordered that fresh election should
be conducted in the Ilorin South Constituency within three months.
Recall that in the petition numbered KW/EPT/HA1/2019, Jimoh Raheem
Agboola with his party, PDP, through its counsel, Abdulwahab Bamidele,
Ayodeji Ibrahim among other counsels sought legal redress on the House
of Assembly poll for the Ilorin South constituency on the premise that
the candidate returned by INEC as the winner was not qualified to
contest the election.
In the judgement delivered by the Tribunal and read by Justice Mariya
Ismaila, the issue of jurisdiction was resolved against the
respondents: Sulaiman Shehu Abdulsalam, APC and the Independent
National Electoral Commission (INEC).
The Tribunal on its stance over jurisdiction to entertain the matter
held that it had the prerequisites powers to hear the petition and
that it is fortified by the provision of section 138 (1) (a-e) of the
Electoral Act, 2010 (as amended)
On the merit of the petition, Justice Mariya Ismaila resolved the
issue against Agboola and PDP on the basis that they failed to prove
allegation of forgery and deposition to false affidavit raised against
the 1st Respondent.
On the question of who was the actual candidate of the APC for the
poll between Elewu and Shehu, the Tribunal posited that Shehu’s name
is contained in the election results declared by INEC and a rebuttable
presumption existed that Sulaiman Shehu Abdulsalam was the candidate
presented by the APC.
However, the Tribunal further found that since all the Respondents
have deposed that Hassan Elewu is the candidate of the APC, the
presumption that Sulaiman Shehu Abdulsalam is the candidate of APC has
been successfully rebutted.
In the circumstance, the Tribunal nullified the poll that conducted
with respect to Ilorin-South State Assembly Constituency Election,
ordered INEC to withdraw any Certificate of Return already issued in
respect of the said election and ordered fresh election which the
Tribunal held must be conducted within three months.
