Date: September 8, 2023
In the matter of: Hon. Olumide Ojerinde & Accord Party vs. INEC, Hon. Prince Olaide Lateef Mohammed, APC, and other two respondents.
In a pivotal development regarding the National & State Assembly Election Tribunal proceedings, Petition Number EPT/OY/HR/13/2023, involving Hon. Olumide Ojerinde of the Accord Party and Hon. Prince Olaide Lateef Mohammed of the APC, was brought to resolution on September 6, 2023.
Background:
Hon. Olumide Ojerinde, representing the Accord Party, had filed a three-fold petition challenging the victory of Hon. Prince Olaide Lateef Mohammed in the election held on February 25, 2023, for the office of member representing the Irepo/Oorelope/Olorunsogo Federal Constituency in Oyo State. The three key petitions asserted that Hon. Polam was not qualified to contest the election, the victory was invalid due to corrupt practices and non-compliance with the Electoral Act, and that he was not duly elected by the majority of lawful votes cast.
Petitioner’s Case:
To substantiate these claims, Mr. Olumide presented three witnesses, including Mr. Olundedun Adetobus, the Electoral Officer for Irepo Local Government, Professor Olosunde Akinolu Adeseye from Obafemi Awolowo University, and Abiodun Ajibade Adeyemi, who served as the Election Campaign Director General for Mr. Olumide. His counsel sought a declaration of victory for Mr. Olumide, the nullification of the Certificate of Return issued to Hon. Prince Olaide Lateef Mohammed by INEC, and the refund of remunerations, allowances, and entitlements given to Hon. Polam.
Responses to the Petitions:
- Independent National Electoral Commission (INEC): INEC, represented by Mr. Lawal Esq., vehemently denied Mr. Olumide’s allegations. INEC requested the tribunal to dismiss the petition, labeling it as frivolous, vexatious, needless, and a gross waste of judicial time and resources. INEC provided two sets of documents to support their defense.
- Hon. Polam’s Response: Hon. Polam, through his counsel Learnered Adeboye Sobanjo, called three witnesses and urged the tribunal to dismiss the petition as speculative, unconscionable, gold-digging, fortune-seeking, baseless, and lacking in merit. They supported their argument with eight sets of documents. Mr. Sobanjo emphasized that the bulk of documents tendered by the petitioner’s legal team were neither signed nor dated.
Tribunal’s Ruling:
The Election Tribunal, presided over by Justice A. M. Yakubu, rendered the following verdict:
1. The petitioners, Mr. Olumide Ojerinde and Accord Party, failed to discharge the burden of proving their petition through their evidences and witnesses.
2. The tribunal concurred with the submissions of counsel to INEC, Hon. Polam, and APC, stating that Mr. Olumide and Accord Party had not satisfactorily established their petition to be entitled to judgment.
3. The court ruled that the onus of proof lies on the petitioners, who must succeed on the strength of their own case and not on the weakness of the defense.
Final Verdict:
As a result of the tribunal’s decision:
1. Hon. Prince Olaide Lateef Mohammed (Polam) was affirmed as the winner of the Irepo/Oorelope/Olorunsogo Federal Constituency of Oyo State election held on February 25, 2023.
2. The case was dismissed for lacking in merit, with the petitioners, Mr. Olumide Ojerinde and Accord Party, ordered to pay a cost of N500,000 each to all five Respondents (INEC, Hon. Polam, APC, Mr. Yusuf Ijaba, and PDP).
This ruling marks the conclusion of the legal proceedings, with Hon. Prince Olaide Lateef Mohammed retaining his position as the duly elected Member of the Irepo/Oorelope/Olorunsogo Federal Constituency in Oyo State.
Excerpt from the Final Judgement, a Certified True Copy
By Ahmed Eniola Mustapha
Special Assistance to Hon. Prince Olaide Lateef Mohammed on Media and Publicity