Senitor Dino Melaye Wins in Tribunal.

Again Senator Dino Melaye of the All Progressives Congress (APC) ‎has floored Senator Smart Adeyemi of the Peoples Democratic Party as the National Assembly Election Petitions Tribunal in Kogi today upheld his
March 28, election.

The judgement delivered by the Tribunal declared ‎Melaye as duly elected senator for Kogi West Senatorial District.

Chairman of the three-member tribunal panel, Justice Bassey Ikpeme who delivered the judgment in Lokoja dismissed the petition filed by Senator Smart Adeyemi and the Peoples Democratic Party (PDP) for lack of merit.

‎It would be recalled that the petition was earlier dismissed on June 18, on technical grounds as Adeyemi’s counsels failed to submit their response to a preliminary objection filed by the respondents’ counsel.

The ruling was however quashed by the Court of Appeal in Abuja which directed that the petition be returned to the Tribunal for retrial with accelerated hearing for determination on the substance of the matter rather than technicalities. ‎

Adeyemi had in the petition against Melaye, APC and INEC as 1st, 2nd and 3rd respondents sought five reliefs including nullification and withdrawal of Melaye’s Certificate of Return and declaring him (petitioner) winner with the highest number of valid votes cast.

He based the petition on three grounds including: Substantial non-compliance with the provisions of the Electoral Act 2010 (As amended); 1strespondent not duly elected by the majority of lawful votes cast and non-qualification to contest the election at the time he (1strespondent) did.

The petitioners also alleged malpractices, falsification of results and fraudulent allocation of votes to the APC in collusion with the INEC officials among others.

The tribunal formulated four fundamental questions for determination of the petition and held that no credible evidence was adduced to prove substantial non-compliance with section 131 of the Electoral Act. 2010. As Amended.

Ikpeme also held that petitioners also failed to prove alleged malpractices and all the criminal connotations beyond reasonable doubt or that their existence, if at all, vitiated substantially, the outcome of the election.

On non-conduct of party primaries alleged by the petitioners, the tribunal held that Melaye was a product of a validly conducted APC primary which took place on December 8, 2014 at Kabba Township Stadium witnessed by INEC and result, fully attested to by INEC.

“We have no reason to doubt its authenticity. There is evidence that there was an APC primary. We therefore find and hold that Dino Melaye was validly and constitutionally elected in the Kogi West Senatorial District election of March 28, 2015.

“The petition is hereby dismissed as the petition lacks merit and the parties are to bear their own costs.”