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Gov. Bello vs Engr Wada: Anxiety As Supreme Court Rules on Kogi Governoship Tomorrow

Gov. Bello vs Engr Wada: Anxiety As Supreme Court Rules on Kogi Governoship Tomorrow
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There is anxiety as the Supreme Court Sitting in Abuja, would tomorrow decide on who is the winner of the last November Kogi Governoship Election.

The camp of the Peoples Democratic Party and Engr Musa Wada say it is the end of the road for the APC.

According to the PDP Director Research and Documentation, Achadu Dickson, the PDP is optimistic of victory.

Similarly, Austeen Okai, Spokesman of the Engr Musa Wada organization says the whole world would watch as Supreme Court Justices would be expected to right the wrong in the last November, Kogi Governoship Election.

But the APC and the Camp of Gov. Bello say like it happened in the Tribunal and Appeal Court, the party and Gov. Yahaya Bello would again trounce the opposition political party.

According to the State Chairman of the APC, Abdullahi Bello, the APC won the election says what the Supreme Court would do is to uphold the judgement of the last two trial courts.

Similarly, Kingsley Fanwo, the Kogi State Commissioner for Information says the victory of Gov. Bello in November was overwhelming, says the Supreme Court would only confirm voice of the people that Gov. Bello was massively voted for.

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Recall that the Peoples Democratic Party candidate Engr Musa Wada had challenged the outcome of the election with the claim that the 2nd and 3rd Respondents did not win the Kogi State Election by a majority of the lawful votes cast.

The matter was decided in favour of the APC and Gov. Yahaya Bello in a split decision of two to one Justices at the Tribunal, a decision that made the PDP head to the Appeal Court.

At the Court of Appeal sitting in Abuja, the court had dismissed the petition of the opposition, said declaration of elections by INEC are presumed correct unless proven otherwise.

The court said the PDP only pursued its petition on one ground, says the burden to rebut the presumption arising from INEC’s declaration that Yahaya Bello and the APC won the last Kogi State Gubernatorial Elections could not be established.

The court said the appellants also needed to prove that the declared winners did not score the majority of the lawful votes cast.

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According to Appeal Court Justices, the results of any polling unit where overvoting is alleged and proven will be cancelled but new elections can only be ordered if it is further proved that the results of that polling unit, if removed from the overall results, will change the outcome of the election.

The court said the appellants did not link their documents to their claims, merely dumped it on the Tribunal, said the Tribunal was right to treat them as having no evidentiary value, as they could not prove acts of alterations or how the alleged alterations affected the overall results of the election.

On the issues of Multiple thumb-printing that was pleaded under corrupt practices. The Appeal Court held that the allegation was subsequently abandoned to all intents and purposes. Evidence in that regard goes to no issue, including that of PW19 – the expert witness.

Expert evidence is only required where the expert can furnish the court with scientific and other technical evidence which must be outside the knowledge of the judge. It is apparent that expert evidence may be  admissible but not indispensable.

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PW19 claimed to be acting on the order of the court but under cross-examination it became clear that he had been acting with the appellant long before the order of the Tribunal for him to get involved. PW19 exceeded his mandate to determine fingerprints when he went over and beyond to engage in counting of ballots. He also admitted that he is not a fingerprint expert. Also none of the other so-called experts who allegedly examined the documents with him signed the report and no reason was given for this. The trial Tribunal was right in rejecting his report.

The Court of Appeal therefore dismissed PDP’s petition with costs of N100,000.

Still not satisfied, the PDP candidate headed to the Supreme Court, with judgement coming up on Monday.

For now tommorow remains the final day of battle with anxiety and high expectations on both camps. Whoever wins would be determined by the pronouncement of the panel of the Seven man justices of the Supreme Court.


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