Court upholds Kogi's Acting gov's election - Jubilation in Kogi

From Lanre Adewole and Johnson Babajide - 29.02.2008

THE Court of Appeal sitting in Abuja on Friday upheld the election of Kogi State acting governor, Mr. Clarence Olafemi, as a member of the Kogi State House of Assembly representing Mopamuro Constituency.

Olafemi, who is Speaker of the House of Assembly, became the acting governor following the nullification of the election of former Kogi State governor, Alhaji Ibrahim Idris, by the same Court of Appeal over the unlawful exclusion of the candidate of the All Nigeria Peoples Party in the April 14 governorship election, Prince Abubakar Audu.

The appellate court held that Olafemi was duly elected into the House of Assembly in the April 14, 2007 governorship and State House of Assembly election.

In upholding Olafemi’s election, the three-man panel set aside its nullification by the Kogi State election petition tribunal based on a petition filed against Olafemi’s victory by the candidate of the Action Congress, Alaran Ben Ayo Abereoran.

While delivering judgment in Olafemi’s appeal against the decision of the tribunal, the Court of Appeal unanimously held that the allegations of rigging and election malpractices leveled against Olafemi by Abereoran were not proved beyond reasonable doubt as required by the law in establishing criminal allegations.

In her lead judgment, Justice Olufunmilola Adekeye held that Olafemi’s appeal also succeeded because those accused in Abereoran’s petition were not given fair hearing by the tribunal, thereby basing the nullification of the election mainly on the case of the petitioner.

She also held that the tribunal did not consider vital documentary evidence and facts that would have done enough justice in the resolution of the petition.

Justice Adekeye added that the petitioner could not provide evidence to prove that Olafemi was directly connected to all the electoral malpractices alleged in the petition, while further stating that the allegation of substantial non-compliance with the provisions of the Electoral Act leveled against the electoral body and its personnel that conducted the election, was also not proved beyond reasonable doubt.

She stated that when such a situation presented itself, the probability of substantial compliance with extant laws in the conduct of the election would weigh in favour of the electoral body.

She rejected Olafemi’s allegation of bias against the tribunal, making the appellant to succeed in three of the four issues raised for determination in the appeal.

Reacting to the judgment, Alhaji Idris described it as victory for all the people of Kogi, while calling on them to eschew violence, while Senator Tunde Ogbeha described it as democracy in action.

It was jubilation galore for the supporters of Peoples Democratic Party in Kogi State when the news of the victory of Olafemi reached the state capital, Lokoja.

The state House of Assembly which had prepared to elect a new speaker in the event that the acting governor lost, hurriedly rose from the day's business to give their former speaker a rousing welcome back to the state.

As a panic measure, the party leaders had met on Wednesday to decide on who to succeed Olafemi and the lot fell on Honourable Adams Olorunmo of Ijumu State Constituency who would have been elected as the speaker and subsequently the acting governor.

Nigerian Tribune, which went round the state capital, reported that the news was received with mixed feelings, while the PDP supporters commended the judgment, some AC members reserved their comments.

The civil servants were non-committal as normal activities were going on at the state secretariat when the Nigerian Tribune visited.