The Independent National Electoral Commission (INEC) on Wednesday urged the Election Petition Tribunal in Kwara, to dismiss a suit filed by Alhaji Razaq Atunwa of the PDP, challenging the election of Gov. AbdulRahman AbdulRazak of Kwara of the APC.
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The PDP is challenging the election of Abdulrazaq on the allegation that he does not have WAEC results as required by law.
Rowland Ottaru, SAN, INEC counsel while adopting his final written addresses in the matter, argued that the petition was bound to fail, as the petitioner has not been able to prove all the allegations of forgery.
“They intended to call some witnesses but refused to bring all their witnesses to court and the person they brought from WAEC, we were able to establish our cases through him
”The witness they brought also supported our position and mentioned that the certificates that the Governor submitted to INEC were genuine and WAEC also confirmed that the certificate was genuine
“So the facts we have made is that, the WAEC result have been submitted to confirm that our position is genuine, and they have not been able to prove their case beyond reasonable doubt
“In any case when you allege crime or the commission of any crime or criminality, you must have to prove beyond reasonable doubt, which they have failed to do,” he said.
Also in his final argument, Mr Kunle Kalejaiye, SAN, counsel to Gov. AbdulRazaq said that a witness confirmed the authenticity of the WAEC certificate belonging to Gov. AbdulRazaq.
“The witness, Mohammed Yaro told the court that he finished from Government College, Kaduna, in 1976 with AbdulRazaq and they both sat for the WAEC examination
“The witness said that, the governor’s serial number in WAEC was 119, while his was 122
“Our witness confirmed to court that he was friends with Gov. AbdulRazaq and both of them sat for the WAEC in June 1976 at the Government College in Kaduna, Kaduna State,” he said.
Also in his argument, Mr Kingsley Odey, counsel to the petitioner, claimed that Gov. AbdulRasaq failed to produce his original WAEC certificate that he got in 1976.
”Unfortunately nothing of such was produced. Gov. AbdulRazaq’s original WAEC certificate was never produced, except for the photocopy
“They forged documents that was annexed to the second respondent, and submitted it to INEC
“To buttress our point, the second respondent fed the witness that was brought to court as witness.
” The witness told the court that he sat for the exam in 1976 and after the exam; he was issued a WAEC certificate which he brought to court
“To embrace the fact that after the exam, he was issued a certificate, but the second respondent did not make any attempt to say that this is my WAEC certificate, with all the controversies surrounding all the forged certificates he submitted to INEC.
“The question is; where is the original certificate of Gov. AbdulRazaq?
“The witness that came to court said that he is an architect, which means, he has his original certificate and proceeded to higher institution and became an architect by training.
“The second respondent has not said anything beyond the fact that he went to secondary school, what next? After secondary school, where did he proceed to?
“We have made our point, and it is left to the tribunal to do their own as neutral body, so we are waiting for the judgment,” he said.
After listening to the arguments, Chairman of the Tribunal sitting in Ilorin, Justice Bassey Effiong, fixed Sep. 20 for judgment.
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