Court orders retrial of Amosun's petition against Daniel: It's victory for democracy - Amosun - I will win again - Daniel

By Dolapo Ekenade, Bukola Olajide and
Yinka Olukoya - 14.03.2008

THE Court of Appeal in Ibadan, Oyo State, on Thursday ordered a retrial of the petition of the All Nigeria Peoples Party (ANPP) governorship candidate in Ogun State, Senator Ibikunle Amosun, against the victory of Governor Gbenga Daniel in the April 14 governorship election.

The Appeal Court, in a unanimous judgment delivered by Justice K.B. Akaahs, stated that there was merit in the appeal of the ANPP governorship candidate and, therefore, ordered a speedy retrial.

According to Justice Akaahs, the Abeokuta tribunal ought to have looked into the merits of Senator Amosun’s petition rather than the technicalities it used to decide the matter.

Justice Akaahs noted that since the subject of the litigation was not the candidacy, the non-inclusion of the party’s name in the petition was not enough to invalidate the petition.

Senator Amosun had, in his petition at the tribunal, challenged the victory of Governor Daniel, insisting that he, and not Daniel, won the election.

The tribunal had on 19 October, 2007 dismissed Amosun’s petition on the grounds that the petitioner did not disclose the locus standi of the petition.

According to the tribunal, the fact that Amosun did not include the name of his political party as well as his nationality in the petition made it invalid.

Dissatisfied with the verdict of the tribunal, Senator Amosun headed for the Appeal Court which yesterday saw merit in his case.

Amosun expressed delight in the judgment, saying he had absolute confidence in the judiciary and democracy.

Amosun, an interview with the Nigerian Tribune, said that the decision of the court had given hope to the common man.

According top him, “the judiciary is the last hope of the common man. Without the judiciary, Nigerians would have witnessed another Kenya on our hands. We have confidence in the judiciary, we believe in the rule of law and we have an unshaken respect for the judiciary.”

The Chief Press Secretary to Governor Daniel, Mr. Wale Adedayo, said that the development was welcomed by the governor, saying it would enable him to prove sceptics wrong that his election in 2007 was fraudulent.

“We reaffirm our unflinching faith in Nigeria’s young democracy, especially the judiciary, which we believe is one of the key pillars of an enduring democracy. We urge all residents of the state to be law abiding and to keep faith with our firm resolve that it is through the instruments of due process, not sentiments or mob rule, that Nigeria will continue to be governed

In his own reaction, the Director of Organisation of the Peoples Democratic Party (PDP) in the state, Deji Kalejaiye, said that the party was not bothered by the judgment.

“Our reaction is that we are not bothered. We are not affected. The earlier judgment at the tribunal was in our favour on technical grounds which is admissible in judicial norm. We are also ready for the continuation of the case,” he said.

The Action Congress (AC) chairman in the state, Alhaji Tajudeen Bello, described the judgment as a good sign of what to expect of the nation’s judiciary and democracy.

“We have always said that we have confidence in the judiciary. We remain resolute and confident that the judiciary will not disappoint Nigeria. We will not relent in our bid to see that the sham election conducted in 2007 is nullified.”

It will be recalled that the Ogun State Election Petition Tribunal under the chairmanship of Justice Haruna Tsammani had on October 19, 2007 dismissed Amosun’s petition on the ground that he failed to specify some necessary requirements as contained in Paragraph 4.1b of the 2006 Electoral Act.