On Monday, the National/House of Assembly Election Petitions Tribunal in Benin, the Edo State capital, confirmed the return of Peter Akpatason, a House of Representatives member representing the Akoko-Edo federal district.
The decision was made by a three-member panel led by Justice Justice Yusuf Mohammed in the petition marked EPT/ED/HR/10/2023 and filed by the Labour Party candidate, Omobayo Marvellous Godwin.
The panel dismissed Godwin’s plea as’meritless’ and inept, adding that the tribunal cannot make a case for the petitioners.
According to the court, the petitioners have the burden of proof, and they cannot depend on the respondents’ admissions. Because the petitioners failed to discharge the burden of proof as required by law, the petition is dismissed.
The panel also found that the petitioners failed miserably to demonstrate that the third respondent, the Independent National Electoral Commission, illegally declared Akpatason the winner of the poll.
INEC pronounced Akpatason the winner of the election with 14, 982 votes, while Godwin of the LP came in third with 7992 votes.
Dissatisfied with the declaration, Omobayo sought the tribunal to contest Akpakpava’s return on the basis of non-compliance with the terms of the Electoral Act, 2022, among other things.
The tribunal also dismissed the petition of Hon. Osaro Obazee of the APC against the election of Esosa Iyawe, winner of the February 25, 2023 Oredo Federal Constituency, in the House of Assembly for lack of merit.
Justice K. A. Leweanya, speaking on behalf of the panel, found that the tribunal lacked jurisdiction to hear the case, which is primarily based on the qualifications of the second respondent, Hon. Esosa Iyawe.
The tribunal ruled that the problems presented in the petition were pre-election matters that should have been contested in the Federal High Court within 14 days of the occurrence.
“We held that the second respondent was a member of the third respondent and was lawfully elected by the party’s primary election and presented to INEC for the election.”
“This petition is now rejected, and the second respondent is hereby declared the winner of the Oredo Federal Constituency election held on February 25, 2023.”
