Ondo: The changing realities at election tribunal

Olusegun Agagu

As the ruling on the governorship election petition before the Ondo State Election Petition Tribunal inches nearer, Ag. Group Politics Editor, Idowu Samuel, writes on the events playing out before it.

The political atmosphere in Ondo State must have been charged by now as the day of judgment on the petition filed by a major opposition party, Labour Party (LP), against the victory of the state governor, Chief Olusegun Agagu, in the last governorship election, draws near.

The hearing of the case in which former Housing and Urban Development Minister, Dr. Rahaman Mimiko, is challenging the re-election of Agagu continues to assume different dimensions since it began. From indications, the Mimiko-led LP has been initially having upper edge in the case in view of early favourable ruling it had obtained at the tribunal on its petition. The LP has also been lucky to have the attention of the media against the backdrop of expectations that it would probably win the case against Agagu in the end.

Without doubt, the early rulings by the tribunal could have dampened the morale of Peoples Democratic Party (PDP) members in Ondo State. A member of the party, Chief Adegbulugbe Akinmade, in an interview with the Nigerian Tribune, confirmed that he and members of his party were disturbed by the trend of events at the tribunal.

“The way and manner members of LP were expressing confidence in the sitting of the tribunal really made us nervous from the start. Some said Mimiko was to be sworn in before October 2007. But I think we are beginning to get relief lately,” he said.

Other members of the PDP in Ondo State must be sharing the feeling of relief on the latest turn of events at the tribunal, having been overcoming the shockwaves occasioned by early victories of the LP. Put differently, the situation appears to have deviated from the past since hearing of the case resumed again on January 11.

In essence, each day brings with it suspense as against hitherto expressed hopes and fears on both sides. Instructively, the burden of proof now rests with the LP, and members of the party seem to have realised this. While the LP struggles to manage its disillusionment in the wake of recently decided cases, the Agagu/PDP camp appears to be breathing relief arising from growing moments of respite stemming from favourable rulings.

So far, the Justice Garba Nabaruma-led tribunal has ruled on 34 cases. Of this number, 31 involved the PDP and its main rival LP, while three petitions were withdrawn. The tribunal had struck out one petition, citing lack of merit. The PDP had won 18 out of the cases already decided and lost one on technical grounds. For the National Assembly election, 26 petitions were brought before the tribunal out of which the PDP won 15, going by the rulings delivered so far. Four governorship petitions were also filed; three had been won by the PDP, while the LP’s petition is still pending. However, of all the verdicts already delivered by the tribunal, the one which attracted much attention was the LP’s petition against the Deputy Speaker of the state House of Assembly, Honourable Mayowa Akinfolarin.

When the Tribunal sat on January 21, members of the LP had thronged the State High Court premises with the expectation to hear a favourable verdict against the deputy speaker. Their optimism was understandable. Observers in the state had considered Akinfolarin’ s case as a test of what may likely be the outcome of the petition of Mimiko against Agagu. A link had, therefore, been established between the two cases conveniently because almost the same allegations were made by the two. The petitions of the LP as well as the defence of the respondents are also same.

The case was equally considered vital because it covered Odigbo Local Government Area, one of the six local government areas of the Southern Senatorial District, which result Mimiko is contesting at the tribunal. Mimiko, in his petition, is alleging that election did not hold in the six local government areas of the district; that is, Ese-odo, Ilaje, Irele, Okitipupa, Odigbo and Ile-Oluji/Oke-Igbo. He had alleged intimidation of voters through the use of armed personnel and political thugs. Also, the LP candidate for Odigbo I, Victor Akinwe, had dragged the deputy speaker to the tribunal on the ground that his emergence was facilitated in criminal conspiracy.

He alleged that Akinfolarin was sighted on the day of the election moving around with soldiers and armed thugs to scare away voters.

Akinwe prayed the tribunal to nullify the entire election. But the deputy speaker, like Agagu, argued that the election held peacefully without any untoward occurrence that would have necessitated the cancellation of its outcome. The five-man tribunal, in a unanimous judgment, read by Justice Mansur Oredola, said the petitioner failed to prove his case beyond reasonable doubt even as he failed to connect the defendant with all the allegations in the petition.

“It is the duty of the petitioner to prove all his oral testimonies and allegations with documentary evidences which are to be admitted and so marked as exhibits by the tribunal, and not the duty of the tribunal to look for such on his behalf. We, therefore, adjudge the petition incompetent and without merit. The petition is hereby struck out.”

The judgment, according to reports, threw the camp of the PDP in Ondo State into a wild jubilation.

But it was not to discourage the LP. In his comment, for instance, the LP spokesperson, Kolawole Olabisi, said “that the case was lost does not mean that we have reached the end of the road. The petition against the governorship is a different ball game. We are resolute and we are sure of victory at the end of the day.”

The unfolding development cannot but leave political pundits in Ondo State to make permutations on what to expect in the next couple of weeks. On this, analysts are beginning to wonder whether or not the camp of Mimiko would not suffer the pang of lack of support from progressives in the state anchored by elders like Chief Rueben Fasonranti of Afenifere. There have been speculations that the progressive camp in Ondo was indifferent to the on-going case before the tribunal owing to some misgivings by members against one another. Already, there have been speculations about the possibility of Mimiko returning to the PDP after the case must have been disposed of by the tribunal. This was premised on the reported pressure which the former minister is said to be receiving from the ruling party at the national level.

Recently, a group known as Ondo Central Senatorial Youth Association praised Mimiko’s tenure as minister. It called on President Umar Yar’Adua to appoint someone from Ondo Central Senatorial District as a minister again. Perhaps, the man they had in mind was Mimiko. The LP spokesperson, Olabisi, had denied such move by the erstwhile Secretary to Government of Ondo State. But the state government came out clearly to hit the nail on the head.

Press Secretary to the governor, Donald Ojogo, said “we are aware of his moves to return to the PDP. He is free to return, if he feels like doing so, but certainly not through the back door as he is now trying to do. We remember how he became minister, but after enjoying the benefits of being a minister, he abandoned the party and went to the Labour Party. If he wants to return to PDP, it should be through the right channel and not the back door. The nomination of Tokunbo Kayode as minister was done after due consultations. I can say he is a product of collective decision.”

But an LP chairmanship candidate in one of the local government areas in the central district disagrees with the governor’s aide.

According to the politician who pleaded not to be named, “it is the right of everybody to join the party of his or her choice; nobody can stop him if he wants to return to the PDP. But that does not mean I am in support of that because we have already made the mistake of boycotting local government polls in the state, because if we had run, we would have had at least Ondo West, Ondo East, Idanre and Owo local government areas. Actually, we never knew the tribunal was going to take this course.”

It was reported lately that a chairmanship candidate and some aggrieved councillorship candidates of the LP held a meeting with some top shots of the PDP, including some aides of Governor Agagu, where modalities were said to have been agreed upon to ensure the return of LP members into the PDP. Ojogo, in an interview with the Nigerian Tribune, was categorical on the development, yet, he did not rule out the possibility of such a meeting.

“All I know is that some of them have been coming for reasons I do not know now. But I can say categorically that Agagu will not shut his doors against anyone, not even Mimiko,” he said.