Tribunal Dismisses Jime’s Petition, Affirms Ortom’s Victory

The Benue State Governorship Election Petition Tribunal has dismissed the suit filed All Progressive Congress, APC, candidate in the last gubernatorial election Emmanuel Jime, challenging the victory of Governor Samuel Ortom of the Peoples Democratic Party PDP.

The suit presided over by theJustice Adebola Olusiyi upheld the victory of Governor Ortom as the substantial winner of the gubernatorial election.

Jime had filed the suit on the basis that the March 9 poll and the supplementary election of March 23 were marred by irregularities and failed to substantially comply with the provisions of Electoral Act 2010 (as amended).

The petitioner urged the Tribunal to declare him winner having scored the highest number of valid votes cast.

He also presented 56 witnesses to argue his case while Ortom called one witness, the state’s collation officer of the PDP.

The Independent National Electoral Commission, INEC however adopted the evidence presented by the State Collation Officer.

Justice Olusiyi in delivering the judgment noted that the petitioner’s evidence presented were hearsay and lacked evidential value.

The judgment reads “they gave evidences that were not credible, reliable and the lacked probative value.

“Electoral documents were also dumped on the tribunal by the petitioners and it is not possible for the tribunal to look at a document in private when they are not demonstrated in public.

“The onus of proving a fact, in this case, electoral malpractices, lied with he who alleges, in this case, the petitioners, who failed to discharge that responsibility.

“The petitioner has the burden to prove before the court that the non-compliance substantially affects the outcome of the election as provided for in section 141 of the electoral Electoral Act.

“It is also our position the function of the Smart Card Reader in an election stops at verifying the Permanent Voters’ Card. We are satisfied that the result sheets presented to us by INEC are a true representation of the number of votes cast in that election.

“It is our position that the petitioners have failed to prove that the second respondent (Ortom) was not duly elected on March 9 and 23 2019.

“The Petitioners failed to prove that the second respondent was not duly returned as winner of that election. They also failed to prove that the election failed to comply with the provisions of the Electoral Act 2010 as amended.

“All the issues raised have been resolved against the petitioners. We find no merit in the petition, it failed woefully and consequently dismissed. And we hereby affirm the election of the second respondent.”

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