Kwara State Election Petition Tribunal sitting in Ilorin, the state capital on Friday dismissed the Peoples Democratic Party (PDP)’s petition seeking the nullification of Governor AbdulRahman AbdulRazaq’s election on the ground that he lacked the academic qualification to run.
PDP and its candidate Razak Atunwa had approached the tribunal to order for a rerun of the March 9th, 2019 governorship election on the ground that the All Progressives Congress (APC) candidate AbdulRahman AbdulRazaq presented forged West African Examinations (WAEC) certificate to the Independent National Electoral Commission (INEC).
The petitioners also alleged that AbdulRazaq presented affidavit to INEC containing false information to contest for the election.
The tribunal said the PDP and its candidate Razaq Atunwa failed to prove the allegations, holding instead that “all evidence before us show that (AbdulRazaq) sat for the examination and was, therefore, qualified to run for the office of governor.
“From all the evidence before us, we hold that the petition lacks merit and is hereby dismissed,” Justice Bassey Effion, chairman of the three-person panel.
He added that “from the evidences before us, we hold that the petition lacks merit.”
Effiong said the law is that where a petitioner makes the commission of a crime the kernel of their petition, then they must prove it beyond reasonable doubt.
He asked “has the petitioner discharged the burden of proof expecte of them? From the evidence in this case, the answer is a resounding no. The petitioners have not discharged their burden of proof that the APC candidate (2nd respondent) presented a forged certificate.
“We hold that all the evidences presented by the West African Examination Council (WAEC) — which the petitioners had relied upon and subpoenaed —were at variance with the pleadings of the petitioners.
He insisted that the petitioners failed to prove that the governor forged a certificate or presented a forged certificate in support of his candidature as alleged in their petition.
The judge said WAEC confirmed to the tribunal that AbdulRazaq’s certificate was “genuine and authentic”, adding that a classmate of the Governor also told the panel that the latter sat in front of him in the secondary school leaving certificate examination of June 1976.
Effiong said WAEC, which is the only statutory body to issue such a certificate, had made it clear that AbdulRazaq’s credential with all the relevant security details had emanated from it and that no other person ca make contrary claim.
