Senator Sharafadeen Alli has urged the National Assembly Election Petition Tribunal to dismiss a petition filed against him by Chief Joseph Tegbe.
Tegbe, the senatorial candidate of the Peoples Democratic Party (PDP), had challenged the victory of Alli of the All Progressives Congress (APC) in the February senatorial contest.
Senator Alli, however, said Tegbe’s case was frivolous and urged the tribunal to dismiss it with a substantial cost against his challenger.
This was contained in the joint final written address of Alli, APC and adopted by his counsels before the Election Petition Tribunal, sitting in Ibadan.
Alli, APC and INEC were the first, second and third respondent respectively in the petition filed by Tegbe and PDP.
It would be recalled that Tegbe had dragged Alli, APC and Independent Electoral Commission (INEC) to the tribunal over his loss.
He submitted that his election was due to over-voting in some polling units and called for cancellation and rerun of the election in the 45 polling units.
But Alli, in the joint address, said the petitioner failed to establish that he did not score the majority of votes cast at the election.
He the petition by Tegbe as mere academic exercise, adding that he also failed to proof over-voting in the alleged polling units.
The senator representing Oyo South Senatorial District added that Tegbe also failed to demonstrate that the alleged over-voting inured him as well as the APC.
Alli stressed that the allegation of over-voting could be for any of the candidates, either the petitioner, respondent and any other contestant in the election.
He said it was evident that the petitioner could not establish the complaint in the petition and failed to prove the petition as it was.
The lawmaker said there was no duty on the petitioners to call witnesses to disprove what has not been proven.
Alli said the petitioner ought to have concentrated on the duty imposed on him by law by discharging the burden of proof which he has failed to do.
“We cannot be dragged into dissipating energy to disprove a petition that has not been proved.
“The petitioner’s witness clearly fell below the standard expected to sustain the reliefs sought in this petition having cross-examined the witnesses of the petitioner.
“The respondent have extracted sufficient evidence which nailed the coffin of the petition of the petitioners which in law was dead on arrival,” he said.
The lawmaker said the petitioner had failed to satisfy the tribunal that the alleged over-voting, though not conceding, was traceable to the first and second respondents.
He said the petitioner has not creditably made out case for any election in the senatorial district and urged the tribunal to disregard their argument.
Alli urged the lordships to dismiss the petition in the interest of justice, saying the petitioners have not established any fact to justify the reliefs sought.
“The appellant/petitioner failed to prove its case to be entitled to the reliefs sought by it.
“We therefore urge your lordships to disregard the argument of the petitioner and dismiss the petition with substantial cost,” he said.
Counsels to the first and second are Mr Yusuf Alli, SAN; Mr Kolawole Eleja, SAN; Mr Kazeem Gbadamosi, SAN; Mr Adeboye Sobanjo, Mr Lawal Saliu, Professor Yahya Hambali, Mr Wahab Ismail and Dr. R.O. Abdulkadir.
