July 17, 2014
The All Progressives Congress (APC) is challenging the election of Mr. Ayodele Fayose at the tribunal and asking the Independent National Electoral Commission (INEC) to nullify the polls which saw Mr. Fayose of the Peoples Democratic Party (PDP) returned as winner. The APC is also demanding that fresh elections be conducted in the 16 Local Government Areas of the State due to sundry electoral infractions.
The APC also held that the Governorship election which held on June 21st in Ekiti State was scientifically rigged to hand undue advantage to the PDP candidate in the election, Mr. Ayo Fayose.
“The petitioner avers in similar vein that, the election was scientifically, systemically or methodically rigged with the programmed Ballot papers designed for the nefarious and despicable acts of rigging out the petitioner, in fulfillment of the desperate bid of the PDP government at the centre to win the Ekiti State Governorship election of 21st June, 2014.
“The petitioner avers that the Presiding officers in all the Polling units throughout the Local Government Areas in the State carefully and strategically folded the Ballot paper into two, vertically, to activate the concealed and programmed thumbprint impressions on the Ballot papers.
“The petitioner also discovered that the ink used during voting was not an indelible ink as provided for by the Manual for Election Officials 2014, rather a vanishing ink was used in all the polling units. The thumb printing done with the vanishing ink on the programmed Ballot papers will only appear faintly AND DISAPPEAR WITHIN FEW MINUTES because the Ballot papers used were photo chromic and thermo chromic, and glossy in nature and as such they could not retain ink beyond the programmed time.
“The petitioner will, through forensic and finger print Experts and other experts /analyst demonstrate in the open Court that, such thumb impression will dry off within few minutes after exposure to the light, while the folding of the Ballot papers into two vertically by the Presiding officer before thumb printing by unsuspecting voters will activate the already concealed and programmed thumb print impression.
“The petitioner states that during the election of 21st June, 2014 in Ekiti State, every ballot paper was deliberately placed face down by the INEC officials to prevent premature exposure to light/radiation before being handed over to voters.
“The petitioner states that folding the ballot paper into two vertically generates heat that activates the already programmed and concealed thumb-print impressions on the ballot papers and such appeared boldly and visibly during sorting and counting than the original faint thumb-printed impression during voting”, the party said.
The APC also cited the alleged militarization of the Ekiti polls to back up its petition.
“There are 12 wards in Ado Ekiti Local Government. Election in all the wards was marred by substantial non compliance and irregularities.
“Your petitioner states that in all the twelve wards of the said local Government majority of the petitioner supporters who were eligible to vote and willing to vote were prevented from voting by a special security outfit comprising of men of the Nigeria Army, Department of State Security, NDLEA, Nigeria Police, Nigeria Civil Defence Corps and Custom Services.
“Your petitioner states that the said special Security outfit went about on the day of the Election harassing and arresting the petitioner’s leaders and key supporters in all the wards and polling units in Ado Ekiti Local Government by randomly arresting the petitioner’s supporters on their way to the polling units, on the queue to cast their votes, in their homes, but in all cases before voting and thereby preventing them from voting.
“Your petitioner states that most of the petitioner’s supporters arrested in the manner described above were flogged and in most cases, taken to undisclosed locations only to be released after the close of election.
“Your petitioner states that in the wards and polling units in Ado Ekiti Local Government, the Ekiti State governorship election held on 21/6/2014 was marred by violence perpetrated by the special security force described above purposely aimed at scaring away petitioners’ supporters from polling booth”.
The petition cited several electoral malpractices in most of the wards and LGAs in the State including cases of voter harassment and intimidation. There were instances of voters being beaten up by men of the Nigerian army.
The APC therefore prayed that: “It be determined and declared that the 2nd Respondent Peter Ayodele Fayose was not qualified to contest the Governorship Election held on 21st June, 2014 on the ground that he was found guilty of the contravention of the Code of Conduct by the impeachment panel set up by the acting Chief Judge of Ekiti State and the Ekiti State House of Assembly, consequent upon which he was impeached and removed from the office of the governor of Ekiti State in the year 2006.
“That it may be determined that the 2nd respondent presented a forged Certificate of Higher National Diploma (HND) of The Polytechnic Ibadan to the Independent National Electoral Commission, thus was not qualified to contest the election.
“That it be determined and declared that the 2nd Respondent Peter Ayodele Fayose was not duly elected or returned by the majority of lawful votes cast at the Ekiti State Governorship election held on Saturday 21st June 2014.
“That it may be determined that having regards to the non-qualification of the 2nd respondent to contest the election, the 3rd respondent ought to have declared the candidate of the petitioner John Olukayode Fayemi, who scored the highest number of lawful votes cast at the election as the winner of the election.
“An order of the Tribunal withdrawing the Certificate of return issued to the 2nd Respondent by the 3rd Respondent and present the Certificate of Return to the Candidate of the petitioner John Olukayode Fayemi who scored the majority of valid votes cast and having met the Constitutional Requirements as required by law.
In the alternative, the APC is requesting “an order nullifying the Governorship Election held on 21st June, 2014 and that a fresh election be ordered”.
The respondents in the suit are the PDP, the Inspector General of Police, Mr. Ayodele Fayose, the Independent National Electoral Commission (INEC) and the Chief of Defense Staff.