A former senator representing Kogi West senatorial dictrict, Smart Adeyemi, on Wednesday, closed his case before the National Assembly and Legislative House Election Petition Tribunal sitting in Lokoja, Kogi State capital, over the petition brought concerning the conduct of the March 28 National Assembly poll.
Adeyemi, who opened his case at the last sitting of the tribunal, called two witnesses to prove his case before the Justice Akon Ikpeme-led three-man panel.
Adeyemi, of the Peoples Democratic Party (PDP), had challenged the declaration of the All Progressives Congress (APC) candidate, Dino Melaiye, as the winner of the election into the Kogi West seat by the Independent National Electoral Commission (INEC).
The tribunal has, however, adjourned sitting till next Tuesday to enable the respondents open their defence just as counsel to Melaiye, who is the first respondent, Chukwuma Ani and the APC’s counsel, Ayotjnde Ogunleye, said they would not be presenting any documentary evidence before the tribunal.
The first witness, Mr. Fehinti Dada, told the tribunal, under cross examination by Ani, that the election was fraught with irregularities in 21 units of five wards in Lokoja Local Government Area.
According to the witness, election results in the affected units were falsified, fabricated and concocted by INEC in favour of the APC candidate.
Dada, who was the PDP senatorial collation officer for the election, said the result of the recounting exercise ordered by the tribunal revealed that INEC counted and recorded the voided votes during the election in favour of Melaiye.
Under cross examination by the counsel to the APC, the witness told the tribunal that the APC never held a primary election before Melaiye emerged as the candidate of the party.
He said some members of the APC went to court to challenge the emergence of Melaiye, adding that documentary evidence from INEC backed the claim that Melaiye did not go through primary.
However, another argument ensued when counsel to INEC, Salako Adeolu, rose to cross-examine the witness, as Adeyemi’s counsel, Lateef Fagbemi (SAN), objected, arguing that since the commission withdrew its response to the petition, it should not cross-examine Dada.
He noted that INEC was given the opportunity to defend itself but chose to throw away the opportunity, asking the tribunal not to allow the cross examination.
But Salako told the court that since spurious and damaging allegations were leveled against the commission, it should be allowed to cross-examine the witness, saying the only option available to the court was to strike out the petition.
The tribunal, in its ruling, however said as far as INEC is a party in the case, it has the right to cross-examine, saying it could only not call any witness.
At the end of the proceeding, the petitioner closed his case and the tribunal fixed Tuesday, September 22, for the next sitting of the court to enable Melaiye and the APC present their defence.
