Akala wins: 3 tribunal members uphold his election - One member dissents, calls for fresh election - 5 killed, many injured while celebrating victory

By Dolapo Ekanade, Tope Abiola, Rotimi Omole, Jackson Udom,
Adewale Ajayi, Qudrat Akeem-Apanpa and Niyi Adebimpe - 18.03.2008

THREE judges out of the four-man panel of the Oyo State legislative and governorship election petition tribunal on Monday upheld the election of the Oyo State governor, Chief Adebayo Alao-Akala, as declared by the Independent National Electoral Commission (INEC).

The three, Teni Yusuff Hassan (chairman, who took over from Sidi Bage after his elevation to the Court of Appeal), Pascal Nnadi and E. O. Ahamioje, in the majority judgment after deducting the invalid votes cast in favour of both Senator Abiola Ajimobi and Chief Alao-Akala in four disputed local government areas of Ogbomosho North, Ogbomosho South, Ogo Oluwa and Surulere, held that the total number of invalid votes cast did not substantially affect the outcome of the election results.

The total number of votes cast of 93,173 was deducted from the earlier recorded 357,972 votes recorded for PDP, leaving 264,799 valid votes while the total number of 3,949 votes was deducted from ANPP’s votes, leaving a total of 238,587 votes. The invalid votes were deducted for over-voting, votes cast without proper accreditation, and results which were neither signed nor countersigned by INEC’s officials.

They held that the total number of invalid votes did not substantially affect the election results declared in the state.

However, the fourth judge, Wali Bashir, in his dissenting judgment, ruled that the petitioner could not have shown more evidence having established existence of non-compliance with the Electoral Act and having shown that in 309 units out of 4,746 units, over 200,000 voters were disenfranchised which, if allowed, could have tilted the total result in the petitioner’s favour.

Wali held that “If the nature of non-compliance gives undue advantage to the candidate who was declared as winner, then the proper thing to do would be to order a nullification and fresh election into the disputed area. It is obvious Akala enjoyed undue advantage on the issue of non-compliance.”

He subsequently nullified the election of Governor Alao-Akala and ordered INEC to order fresh elections.

Delivering the first judgment on the consolidated petition filed by the Republican Party of Nigeria (RPN), National Democratic Party (NDP), All Nigeria Peoples Party (ANPP), Democratic Peoples Alliance (DPA), among others, the tribunal described all claims challenging the eligibility of Akala to contest as unmeritorious.

The panel dismissed allegations of indictment following the Supreme Court’s decision in Amaechi vs INEC that only a court of law having criminal jurisdiction could hear and determine criminal charges levelled against a person and not an administrative panel of inquiry.

The tribunal held further that a citizen accused of criminal charges could only be given a fair trial before a court of law operating within a judicial hierarchy and that such an indicted person need not have approached the court to have his indictment quashed, adding that departing from the decision of the apex court would amount to “judicial impertinence.”

Adopting the decision of the appellate court in Agbaje against Fashola, the tribunal held that the DPA candidate, Professor Wole Akinboade, did not show that the non-inclusion of his photograph substantially affected him since some of his witnesses testified to the fact that they voted when they saw the logo of the party and the name of the candidate.

The tribunal, while dismissing all allegations of intimidation, thuggery and violence, held that the petitioner failed to prove the case beyond reasonable doubt and held that where a candidate failed to link an agent who perpetrated the violence to the candidate, his election cannot be nullified unless it can be proved that he authorised the act.

In Ibarapa East, Iseyin and Lagelu, the tribunal dismissed the allegations that votes were inflated in the areas because they failed to present enough evidence before the tribunal.

Reacting to the judgment, counsel to Senator Ajimobi, Chief Adeniyi Akintola (SAN), said they would go on appeal, but added that the decision might have created more confusion than solution. He added that there was a whole world of difference between social justice and legal justice.

At the governor’s office, Agodi, Ibadan, the atmosphere was pensive while the judgment lasted, but immediately the election was upheld, civil servants and aides of the governor trooped out to celebrate the victory of the governor.

The governor’s wife, Kemi, was with her husband throughout the duration of the judgment inside the governor’s office in the company of the deputy governor, Taofeek Arapaja, and other principal aides of the governor.

Shortly after the judgment, Governor Akala came out of his office, dressed in white Babariga and a red cap into the waiting hands of civil servants and well wishers.

Addressing the people, Akala, who was supported by his deputy, described his victory at the tribunal as a collective one, stressing that “we must always bear in mind that in truth, there is justice and in justice, there is truth.”

According to Akala, “I congratulate you because this is a collective victory for the entire citizenry of Oyo State and, indeed, every lover of the rule of law and efficient jurisprudence.”

He stated further that “not only that today’s ruling is victory for democracy, it is victory for democracy because your mandate, which you so freely gave me on April 14, 2007, has been given further legitimacy by today’s ruling.”

Speaking further, Akala vowed to continue to work for the progress and development of the state, while urging “all to go about their normal duties and shun any type of violent celebration or recrimination. There is a lot to be done.

“As the executive governor of Oyo State, I hold no grudge against anyone; as a principal stakeholder in the affairs of Oyo State, I admonish the opposition to join me in the urgent challenge to develop our state; and as a believer, I extend my hand of fellowship to all and sundry and express my unalloyed love to you all.”

As a result of the governor’s victory at the tribunal, an interdenominational thanksgiving service will be held today at the governor’s office by 10.00 a.m.

Earlier in his speech, Deputy Chief of Staff to the governor, Alhaji Rasaq Gbadegesin, called on all those who had hitherto sat on the fence to come down and join hands with the governor to move the state forward, “because the state belongs to all of us.”

During the period the judgment lasted, people of Ogbomosho, the governor’s home town, stayed glued to their television sets, but went into jubilation immediately the election was upheld by the tribunal.

Also in Omi Adio, in Ido Local Government Area of the state, people took to the streets to celebrate the victory of the governor.

Members of the National Union of Road Transport Workers (NURTW) were also seen abandoning their duty posts to celebrate the governor’s victory at the tribunal.

Shortly after the election was upheld, the Molete home of a chieftain of the PDP in Oyo State, Alhaji Lamidi Adedibu, was in jubilation mood. Adedibu and his entourage later stormed the governor’s office in a carnival-like manner to rejoice with the governor.

Former governor of Oyo State, Alhaji Lam Adesina, in his reaction, described the judgment as “split judgment which pitted the minority against the majority.

“I will urge the party to seek final resolution of the appeal court so that the issue would be finally laid to rest.”

According to Afenifere’s publicity secretary, Mr. Yinka Odumakin, the judgment did not come as a surprise because the moment it was announced that Nigeria Television Authority (NTA) will give live coverage of the verdict, he knew it must be in favour of Akala.

He explained that it was good there was a dissenting view about the judgment, but urged Senator Ajimobi not to give up on the case.

Reacting to the ruling, Lagos State Chairman of the Peoples Democratic Party (PDP), Mr. Sentonji Koshoedo, described the ruling as victory for democracy.

Meanwhle, five people died on Monday in two accidents immediately after the judgment.

Akala’s Special Assistant on Economic and Physical Planning, Mr. Femi Ladipo and about 30 others also sustained varying degrees of injuries and are now at the University College Hospital and other hospitals in the town.

A brand new vehicle with registration number OYO28A07, belonging to the Oyo State Planning Commission which conveyed Mr. Ladipo and about 18 others somersaulted at the Ring Road area of the town. Three people died instantly in the vehicle while 15 others were injured.

Also at the Olomi area of Ibadan, two motorcyclists reportedly died during the celebration of the victory.

Nigerian Tribune reliably gathered that the two men joined a convoy heading towards Academy/Olomi area of Ibadan on top speed.

On getting to Academy, they were also joined by their colleagues who have been waiting for the outcome of the verdict.

However, tragedy struck when a Hiace commercial bus with jubilant passengers attempted to overtake the Okada riders.

Two of the Okada riders were said to have jumped from the bridge while struggling to avoid collision with the bus. The two riders died instantly.

The injured one were said to have been rushed to a nearby hospital while the identities of the dead could not be ascertained as at press time.

The Oyo State All Nigeria Peoples Party (ANPP) governorship candidate in the 2007 general election, Senator Abiola Ajimobi, has described the ruling of the tribunal as a mere display of judiciary discretion and a rape of the nation’s democracy.

Ajimobi, who spoke through one of his aides, Mr Victor Oluwadamilare, said that he and his supporters rejected the tribunal’s ruling in its entirety, adding that he would proceed to the Appeal Court to challenge the ruling.

“We unequivocally reject the verdict of the Election Petitions Tribunal as it’s a rape on democracy and evidently a display of judiciary discretion to have upheld Alao-Akala’s election”, he stressed, noting that “the submissions of the counter judgment were instructive in this regard.”

While expressing his strong belief in the rule of law, the Oyo ANPP governorship candidate also stressed that this development informed his resolve to challenge the tribunal’s ruling in the Appeal Court, adding that he remained unrepentant in his resolve to salvage the state and its people from alleged misrule of the Peoples Democratic Party-led government.

“We remain unperturbed while advising the good people of Oyo State to remain calm as we pursue the case to a logical end in our resolve to salvage the state from and its good people from continuous misrule and gangsterism of the PDP led by Alao-Akala.

“We are grateful to all and sundry who have persevered throughout the case. Their labour will not be in vain as God will definitely prove His might.

“Ajimobi, as a man who believes in the rule of law, will no doubt proceed to the Appeal Court to challenge the ruling” Oluwadamilare stressed while also commending the team of lawyers”for their erudition, gallantry and high sense of responsibility”, urging them “not to be disillusioned as there is still another level of reprieve at the Appeal Court”

When contacted on the phone in the United States of America (USA) for his own reaction to the development, Ajimobi’s counterpart in the the Action Congress (AC) for the 2007 governorship election in the state, Professor Taoheed Adedoja, declined to comment, saying that “since I have long put my case before God, I have no comment to make.”

But a former Attorney-General and Minister of Justice, Chief Richard Akinjide (SAN), saw the development as demonstration of the rule of law, stressing that it was imperative for contending parties to accept any court judgment “for better or for worse.”