Senator Melaye: election upheld

The Kogi state election Tribunal this morning upheld the election of Senator Dino Melaye, in a much anticipated verdict given this morning in Lokoja.

His election had been challenged by the former holder of the seat, Smart Adeyemi, who belongs to the Peoples Democratic Party. The petition had been dismissed before on a technical ground that it was filed out of time.

But the Federal Appeal court ruled that the case should be heard anew.

Delivering judgment today, the Chairman of the tribunal ,Justice Bassey Ikpeme,   dismissed the petition  as lacking in merit.

Adeyemi had in the petition sought five reliefs, including the nullification and withdrawal of Melaye’s Certificate of Return and his declaration as winner of the election.

The petitioner urged the tribunal to declare him duly elected on the grounds that there was no substantial compliance with the provisions of the Electoral Act 2010 as amended.

He also claimed that Melaye was not duly elected by the majority of lawful votes cast and also not qualified to contest the election by March 28.

Adeyemi also alleged malpractices, falsification of results and fraudulent allocation of votes to APC with the connivance of INEC officials, among others.

The tribunal formulated four fundamental questions for determination in 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 the petitioners could not prove alleged malpractices and all criminal connotations beyond reasonable doubt and that if such existed, they substantially affected the outcome of the election.

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

“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 lacking in merit and the parties are to bear their own costs,” the judge said.