The Court of Appeal in Ibadan dismissed the verdict of a lower election petition tribunal in Ogun State which had earlier nullified the election of Senator Buruji Kashamu of the Peoples Democratic Party, PDP, and declared him winner of the election.
Prince Dapo Abiodun of the APC, had challenged the victory of senator Kashamu representing Ogun East senatorial district in the March 28 election saying the election had lots of irregularities and that the Independent National Electoral Commission, INEC, erred by declaring Kashamu winner of the election. The tribunal ordered a re-run of the election in 91 out of 110 polling units in the senatorial district.
Senator Buruji headed to the Appellate Court for redress because he was dissatisfied with the decision. Following a petition written against a three-man panel which had earlier been constituted, the panel was dissolved and a new one re-constituted.
The Chairman of the three- member appeal panel is Justice Mitshelia, A.G.
While reading the lead judgment, Justice M.L Shuaib said the tribunal made a mistake, adding that it was perverse of the tribunal to place so much reliance on the evidence of a prosecution witness PW 44 and admit as evidence documents that were clearly inadmissible under the law and also act on such evidence to shorten Kashamu’s victory.
Speaking to journalists after the judgement, the Chairman of PDP in Ogun state, Dayo Bayo described the judgement as victory for democracy.