*  Saraki 


 By Steve ONI, Ilorin

 The National Assembly Elections Petition Tribunal sitting in Ilorin, Kwara State capital, has upheld the election of Dr. Bukola Saraki representing Kwara Central Senatorial District 

 Chairman of the three-man tribunal, Justice Josiah Majebi while delivering a judgment in the petition filed
by Alhaji Abdulrahman Abdulrasaq of the Peoples Democratic Party, (PDP), Tuesday upheld Saraki’s election as the wishes of the electorate. 
The PDP Senatorial candidate had approached the Tribunal to challenge
the Victory of Sen. Saraki in the March 28, 2015 election.

 The Tribunal also upheld the election of Sen. Rafiu Ibrahim as duly elected to represent Kwara South in the Senate.  Lola Ashiru had filed a petition at the tribunal challenging the  victory of Ibrahim.

 Justice Majebi, in the judgment, held that the petitioner failed to prove the reliefs sought against the first respondent, pointing out that the PDP candidate failed to prove that he scored the highest number of credible votes cast in the election.

 The Tribunal Chairman also agreed with Saraki’s counsel that the petition was incompetent as it was filed outside the stipulated 21 days allowed by the Electoral Act 2010, adding that the Tribunal lacked jurisdiction to hear the petition based on the fact that it was filed out of stipulated time frame.

 He, however, said the Tribunal would go ahead to look at the grounds of appeal and merit of the matter.

 Justice Majebi noted that the oral evidences of four witnesses called by the petitioner failed to proof the case beyond reasonable doubt.

 According to the Tribunal Chairman, evidences of PW1 and PW2 were mere hearsay as PW 1 failed to identify the polling units where over voting took place, declaring the hearsay as mere speculative.

 He said PW III who was the forensic expert called by the petitioner also failed to demonstrate any academic qualification on Forensic
Science and any knowledge
relating to election expertise. He held that oral evidences adduced by PW I, PWII and PW III rendered all the documents tendered in evidence useless.

 The Chairman held that witnesses had failed to prove the petitioner’s case in identifying polling units, wards where multiple thumb printing
took place as well as identifying INEC officials who perpetrated malpractices.

 Justice Majebi, therefore,held that the tribunal was convinced that Dr Saraki scored the highest number of valid votes cast in the election and he therefore upheld the election.

 On Ashiru’s petition, the tribunal also agreed with the first
Respondent's counsel that the petition was filed out of time , adding that evidence before the tribunal showed that election results were signed on March 28 and not March 29, 2015, while the petition was filed on April 19, 2015.

 Justice Majebi declared that claims of irregularities, ballot stuffing and over voting, ballot snatching were based on hearsay through telephone calls and radio reports. He, therefore, held that the petitioner failed to prove the case of over voting, ballot snatching and stuffing. The tribunal therefore dismissed the petition against Sen. Ibrahim of
the APC as incompetent.

 Speaking with journalists after the judgment, Personal Assistant to PDP Senatorial candidate, Alhaji Abdulrasaq said his principal would surely contest the judgment at the Court of Appeal.

 Kwara state House of Assembly Speaker, Dr. Ali Ahmad, described the Saraki's victory as a triumph of democracy which reinforces the popular belief that the judiciary remains the last hope of common man. He said the judgment has clearly established the mandate freely and massively given by the electorate to the former governor of the state.

 Describing judiciary as a bedrock of any sustainable democratic governance, he enjoined the judiciary not to compromise on its integrity to fast track the change mantra of the present administration.

 While admonishing the petitioner, Alhaji Abdulrahman Rasaq, to demonstrate the spirit of sportsmanship by accepting defeat in good faith, the Speaker also urged Saraki to see the victory as an impetus to rededicate himself towards greater service to his people and the nation at large.

 The State APC said the judgment was an affirmation of people's mandate freely given to the Senate President, adding that it was consistent with the wishes of the people of the State.