Senator Buruji Kashamu, representing Ogun East senatorial district on the platform of the Peoples Democratic Party (PDP) yesterday won back his seat at the Court of Appeal in Ibadan.
He floored his challenger, Mr. Dapo Abiodun, of the All Progressives Congress (APC), as the appellate court set aside the judgment of the tribunal and ruled that Kashamu was validly elected.
The Ogun State Elections Petitions Tribunal in Abeokuta, the Ogun State capital, which had on October 9, 2015, set aside Kashamu’s declaration as winner of the March 28, poll into the Senate, and ordered rerun in 110 polling units to determine the actual winner of the seat.
Reading the lead judgment, Justice M.L Shuaib, held that the tribunal erred and was partisan, adding that it descended into the arena and scouted for evidence to nullify Kashamu’s election and truncate his victory.
He held that it was curious, illogical and perverse of the tribunal to place so much reliance on the evidence of a prosecution witness labelled as PW44 and further admit as evidence documents that were clearly inadmissible under the law and also act on such evidence to truncate Kashamu’s victory.
He held that it was curious, illogical and perverse of the tribunal to place so much reliance on the evidence of a prosecution witness labeled as PW 44 and further admit as evidence documents that were clearly inadmissible under the law and also act on such evidence to truncate Kashamu’s victory.
The panel also noted that the PW 44, who posed as a forensic expert had discredited himself during cross examination when he stated that anyone with prerequisite knowledge could do what he did and added that he had no degree in statistics.
The three man panel further held that the case of Prince Dapo Abiodun and the All Progressive Congress is a non issue as the material used to nullify the results of elections in some polling units and order re-election is inadmissible in law.
The three man panel comprising of Justices A.G Msheila, M.L Shuaib and Ignatius Agube also adopted the same judgment for the cross petition filed by Prince Adedapo Abiodun.
Meanwhile, Kashamu has hailed the judgment of the appellate court, describing it as a victory for democracy and the good people of Ogun East Senatorial District.
“I dedicate this victory to the Almighty Allah ‘Sub ana wata’alla.’ I am happy at today’s (yesterday) verdict of the Court of Appeal. I am happy that justice has been served. I am particularly elated that the judiciary has once again risen to the occasion as the last hope of the common man.
“I am happy that despite the ills of our society, the judiciary still boasts of men and women of integrity and great courage who can resist filthy lucre and stand up for the truth and justice.
“I salute the good people of Ogun East Senatorial District who overwhelmingly gave me their mandate. I thank my party leaders, elders, associates and supporters, for standing by me all through the litigation. I thank my legal team, the media, clerics, the youths, students, artisans, okada riders, market men and women, for their best wishes, prayers and support.”
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