TheCable

The appeal court sitting in Ibadan has upheld the election of Buruji Kashamu, the senator representing Ogun east senatorial district.

Kashamu’s election was originally upturned on October 9, with the tribunal ordering the Independent National Electoral Commission (INEC) to conduct re-run election in 110 polling units within 90 days.

However, on Monday, M.L Shuaib, the presiding judge, ruled that the lower court’s verdict to nullify the election was based on inadmissible evidence by one of the witnesses of the prosecuting counsel.

The three man panel, which sat over the case, said the witness named PW 44 had no expertise to have been considered as a forensic expert.

The panel added that the Dapo Abiodun, and his party, the All Progressives Congress (APC), did not have a case, seeing their prosecution is based on inadmissible evidence.

“The case of the first and second respondents in this appeal collapses like a pack of cards as the respondents fail to lay necessary foundation for the admissibility of the annexes,” Shuaib said.

“Exhibits A, B and C are expunged as inadmissible. PW44 was a hatchet man brought to truncate the appellant’s victory and since his testimony is that he thoroughly analysed some documents from INEC’s register and used a computer to draw a table and print it out, the annexes are indeed a printout.

“It is wrong of the tribunal to place so much reliance on the evidence of a discredited witness and use an inadmissible document to arrive at its judgment.”

The court said the prosecuting witness should not have presented himself as an expert when he had no professional backing for such.

“PW 44 sold himself out and the tribunal should not have held that he was an expert when he himself had agreed anyone could do what he did.

“No expert opinion is needed in this case since PW44 stated that anyone, even a layman, could do what he did and he has no degree in statistics.”