Tribunal nullifies Ekiti senator’s election - Gov Oni, Fayemi know fate today

Dapo Falade, Ado-Ekiti - 28.08.2008

AS the people of Ekiti State look forward to the tribunal judgment on the election of Governor Olusegun Oni today, the Election Petition Tribunal sitting in Ado-Ekiti on Wednesday nullified the election of Senator Ayo Arise representing Ekiti North Senatorial District.

It, however, upheld the election of Senator Femi Kila of Ekiti Central Senatorial District and Honourable (Mrs.) Fatima Raji Rasaki who represents Ekiti Central Federal Constituency I in the House of Representatives.

In a unanimous judgment read by Justice Fati Imam, the tribunal noted that the April 21, 2007 election conducted in all the 56 wards in the Ekiti North Senatorial District was characterised by massive rigging, adding that it did not substantially comply with the Electoral Act, 2006.

Mr. Olubunmi Adetunbi, the Action Congress (AC) candidate in the election, had challenged the victory of Arise on the grounds of malpractices, multiple voting and that the votes cast during the election were invalid.

He also accused the Independent National Electoral commission (INEC) of colluding with the respondent and security agents in the state to manipulate the results of the election in his favour.

Arise, in his defence, denied all the allegations and averred that the election was free and fair in all the voting units in the district.

Ordering INEC to conduct a fresh election in the senatorial district within 90 days, the tribunal nullified the election in Moba, Ikole, Ilejemeje, Ido-Osi and Oye local government areas, and accused INEC of manipulating the election in favour of the respondent.

It said that there was a wide disparity between the result of the re-count of ballot papers and the initial results recorded in Form EC8A declared by the INEC, and described the electoral body as a biased umpire during the conduct of the election.

Reacting to the judgment, Adetunbi commended the tribunal for the verdict, saying, “justice has been done and l believe that the court has done justice to the petition in view of the import of the evidence presented.”

However, counsel for Arise, Chief Dayo Fajuyi, said that his client was prepared to challenge the tribunal’s verdict at the appellate court.

The tribunal had earlier upheld the election of Honourable (Mrs.) Raji Rasaki on the grounds that the petitioner, Chief George Ojo, of the AC, had failed to prove his case beyond reasonable doubt and that the reported cases of invalid votes in the election did not affect the outcome of the exercise.

In the judgment delivered by its chairman, Justice Bukar Bwala, the tribunal awarded 31,978 votes to the PDP while it gave 17, 951 to the AC and subsequently dismissed the petition.

Stating that the failure of the petitioner to supply the number of votes of other contestants nullified the petition, he discountenanced the evidence of Mr. Tunde Yadeka, the expert hired by the AC to conduct a forensic examination on materials used for the election.

In her reaction, Honourable (Mrs.) Raji Rasaki, who said that she sought the face of the Lord before contesting the election, ascribed it to God, adding that she was at peace with herself when her challenger contested her electoral victory at the tribunal.

She also said that she had no fear as to the possibility of the AC candidate pursuing the matter to the appellate court as she added; “have you ever seen anybody appealing against God and winning?”

In the third judgment, the tribunal upheld the election of Kila, a PDP member representing Ekiti Central Senatorial District, in the Senate and whose victory was challenged by the AC candidate in the election, Mr. Bode Ola.