March 16, 2009
The gubernatorial elections appeals tribunal sitting in Ibadan Oyo state today has dismissed the appeals brought before it by All Nigeria Peoples Party (ANPP) governorship candidate in the April 2007 election in the state, Senator Abiola Ajimobi against the incumbent governor, Adebayo Alao Akala. The ruling effectively consolidates the electoral malpractices that characterised the April 2007 elections in the state.
Appeal Court Favours Akala-PM News
The Appeal Court sitting in Ibadan, the Oyo State capital this morning declared Governor Christopher Alao-Akala of the People’s Democratic Party (PDP) as the winner of the 14 April, 2007 governorship election.
In a unanimous decision, Justice Victor Omage, dismissed all the grounds of appeal filed by Senator Ajibola Ajimobi, the All Nigeria People’s Party (ANPP) governorship candidate in that election.
In dismissing the appeal, Justice Omage said all the issues raised by Ajimobi, one of which was ballot stuffing, could not be proved beyond reasonable doubts.
The judge noted that the petitioner failed to prove that there was violence in four local governments in Ogbomoso as claimed in the petition.
According to him, the irregularities in the four local governments were not enough to invalidate the election of Alao-Akala as the governor.
While Alao-Akala and the petitioner , Senator Abiola Ajimobi were not in court this morning, they were well represented by their supporters.
Some of Akala’s supporters in attendance include Chief Olabode George, Demola Seriki, Tajudeen Oladipo, PDP National Vice Chairman and some of Adedibu’s children.
However, after the judgement, Akala’s supporters started jubilating and singing ‘Otise o, Baba ti se o.’
There was mixed reactions after the judgement as the ANPP and other people described it as biased, while the Akala camp described it as a good judgement.
The Oyo State ANPP chairman, Mr. Rasaq Folorunsho, former Commissioner for Justice, Oyo State, Mr. Adebayo Shittu, said the judgement portend danger for Oyo State and the entire Nigeria.
Condemning the appeal Court for deviating from the judgement of the tribunal, they said the Court of Appeal was not detailed in the judgement as it dwelt so much on technicalities at the expense of justice.
According to one of the lawyers of Ajimobi, Niyi Akintola, SAN, the judges have made a name just like the other judges.
He however, thanked the judge, saying that as far as he is concerned, that was the last bus stop.
However, the Vice Chairman of PDP, South West, Tajudeen Oladipo said that PDP has not lost in the South West and will control it till 2011.
Ajimobi had appealed against the majority judgement of the Oyo State Election Petition Tribunal which affirmed Governor Alao-Akala winner of the election in the 14 April, 2007 governorship election.
The tribunal had on 17 March, 2008 ruled that the cancellation of 93,173 votes in four local government areas of the state was not enough to invalidate the victory of Gov Alao-Akala in the election.
Dissatisfied with the ruling, Ajimobi went to the appeal court and prayed the appellate court to upturn the election of the governor.
He premised his argument on the fact that electoral irregularities marred the election in Ogbomosho, homeland of Governor Alao-Akala.
The ANPP governorship candidate in his appeal, called for the cancellation of election in 538 polling units in Ogbomoso South, Ogbomoso North, Ogboluwa and Surulere local government areas.
Ajimobi explained that if the election in those local governments was cancelled, he would be the clear winner of the election, as no fewer than 309 polling units representing more than a half of the 538 allegedly recorded cases of electoral malpractices and noncompliance with the 2006 Electoral Act took place there.
He contended that it was unbelievable and a travesty of justice that the tribunal, which had invalidated 93,173 votes in just four local governments, Ogbomosho, South, Ogbomosho North, Ogooluwa and Surulere, could still turn around and give credibility to such an election.
In his 25 grounds of appeal, Ajimobi sought an order setting aside the judgement of the lower tribunal and in its place cancel the election results in Ogbomosho South, Ogbomosho North, Ogooluwa and Surulere local government areas of Oyo State and declare him the winner of the 14 April, 2007 governorship election in the state, having won lawful majority votes cast in the said election and met the constitutional requirements to be declared.
He also prayed the court to nullify the election in the affected local governments and order a fresh election there.
In his closing argument, Ajimobi’s lead counsel, Chief Wole Olanipekun said the appeal court had proven through its judgement in Edo and Ondo appeals that wherever there are established cases of substantial noncompliance with the Electoral Act as well as malpractices, such votes should be annulled and the remaining votes counted to determine the winner.
Olanipekun faulted the lower tribunal’s judgement for its failure to consider Exhibit PE 43 (police report) which states that there were no elections in the four local governments in Ogbomosho.
“The four local governments have 538 polling units in all. The tribunal found that there was substantial noncompliance in 309 of them, meaning over 59 percent of them were affected.
“By your decision in the case of Agagu vs Mimiko which followed that of Oshiomhole in Edo State, once noncompliance is found in the greater percentage of the governorship election, the entire election would be annulled.
“The popular legal parlance is that judgement is against the weight of evidence, but the tribunal’s judgement was against the weight of its own findings,” Olanipekun stated.
He urged the appeal court to declare his client, Ajimobi, the winner of the election by the fact that he scored majority of the lawful votes during the election.
But Alao-Akala’s lead counsel, Mr. Lateef Fagbemi (SAN), argued that the cases in Ondo and Edo were different from that of Oyo State, stressing that what the appeal court did in those cases was to affirm the valid votes cast and cancel the invalid.
He urged the court to dismiss the appeal and declare Alao-Akala as the truly elected governor of the state.
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