The appeal court upheld the judgment of the National Assembly Petition Tribunal which had earlier validated the victory of Alli, as declared by the Independent National Electoral Commission (INEC) in the election.
Chief Joseph Tegbe of the Peoples Democratic Party (PDP) and Funmilola Gbogbolomo of the New Nigeria People’s Party (NNPP) had challenged the election of Alli as the senator representing Oyo South Senatorial District.
However, Senator Alli of the All Progressives Congress (APC), won the two separate appeals filed by the PDP and NNPP candidates in the senatorial contest.
As contained in a statement by his Special Adviser on Media, Akeem Abas, the court dismissed Tegbe’s appeal on the grounds that it lacked merit, thereby affirming the judgment of the tribunal.
In Gbogbolomo’s appeal, the court rested the entire judgment on the sole issue distilled by the first respondent (INEC).
The court agreed with the tribunal and defendants that the case was a pre-election matter, while also agreeing that the appellant did not prove non-compliance.
In their judgment, the judges that sat on the appeal unanimously dismissed Gbogbolomo’s case and a awarded cost against the appellant.
Tegbe and Gbogbolomo had appealed the judgments of the tribunal which dismissed their separate petitions against Alli’s victory in the 25 February National Assembly election in Oyo South.
The tribunal had then in its judgment, declared that the evidences presented before it by the Tegbe and PDP were not credible and difficult to believe.
It averred that Tegbe failed to present cogent, reliable, and compelling evidence, sufficient enough to affect the results of the poll as declared by INEC.
The court dismissed the petition by the PDP candidate in the election on the ground that the petition was incompetent.
While delivering the final judgment in the NNPP case, the tribunal held that the ground upon the petition was premised related to a pre-election matter which ought not to be brought before the court.
The tribunal held that, having regards to the pleadings and evidence before the court, the petitioner also failed to rebut the presumption of regularity in the conduct of the election by INEC.
It therefore dismissed the petition by the NNPP candidate on the ground that it was incompetent and lacking in merit.
