Appeal court declares AC winner of Ekiti Central Senatorial election

From Adewale Ajayi and Yekini Jimoh - 01.07.2009

THE Appeal Court sitting in Ilorin, Kwara State, on Tuesday, declared Mr. Ola Festus Bode of the Action Congress, (AC) winner in the April 14, 2007 election of Ekiti Central Senatorial District, against Mr. Adefemi Kila of the Peoples Democratic Party (PDP).

In his judgment, Justice Sotonye Denton-West said the respondent after a deduction of invalid votes from the initial votes credited to him by the Independent National Electoral Commission (INEC), had a total of 19,653 votes as against 38,563 credited to the appellant as lawful votes.

The appellant had, at the lower tribunal, led an evidence in which the respondent was alleged to have inflated the votes credited to him by about 19,000.

The counting of the votes cards had revealed about 19,000 of such possessing the same serial number.

According to the judges since the respondent could not challenge the evidence at the lower tribunal, it would be difficult for the appellate court to grant a specific prayer on it.

“After subtracting the valid votes from the invalid ones, the appellant has a majority lawful votes. And based on these majority lawful votes, the appellant is so declared as the winner of the election,” he said.