The Court of Appeal sitting in Ibadan has dismissed the petition filed by the former Governor of Oyo State, Abiola Ajimobi, challenging the verdict of the Election Petition Tribunal on the Oyo South senatorial election.
The Election Petition Tribunal had earlier upheld the victory of Senator Kola Balogun of the Peoples Democratic Party (PDP) at the February 23 poll.
Ajimobi had prayed the court to nullify Balogun’s candidature on the ground that he did not participate in the party’s primary election but was selected.
Delivering judgment on Friday, Justice Haruna Tsammani affirmed the decision of the tribunal, and struck out Ajimobi’s petition for lacking in merit.
The judge held that the petitioner did not have the right to raise the issue of non-qualification of the respondent based on the conduct of PDP primary. He further held that a person who does not participate in a party primary has no right to challenge the outcome of the primary.
Justice Tsammani said a person is qualified to contest once such a person satisfied the condition of the party and INEC confirmed such a person.
The judge said most of the witnesses presented by the petitioner were not qualified to tender exhibits and give evidence because they are not the maker of those documents tendered.
Senator Kola Balogun of the Peoples Democratic Party polled a total of 105,720 votes to defeat Abiola Ajimobi of the All Progressive Congress (APC) who garnered 92,217 votes.