News Star newspaper

Oni, Fayemi shift battle to Appeal Court

ROTIMI OJOMOYELA, Ado-Ekiti
Today, Monday December 1 is more than the beginning of the last month in the Year 2008 to the people of Ekiti State. This is so given the fact that it is the beginning of the hearing in the appeal number CA/IL/EP/GOV/25/2008 filed by the Action Congress (AC) governorship candidate in the April 14, 2007 election in Ekiti State, Dr. Kayode Fayemi.
A 28-ground of appeal against the judgment of the Justice Bukar Bwala-led Election Petition Tribunal which upheld the victory of Governor Segun Oni of the Peoples Democratic Party (PDP) in the election had been filed by Fayemi.
The Court of Appeal sitting in Ilorin, the Kwara State capital commences hearing on the matter today.
A leading member of the Fayemi legal team, Chief Anthony Adeniyi (SAN), told News Star that Fayemi has a good case at the appellate court based on the fact that the judgment of the lower tribunal was not rooted in law.
Adeniyi, who was optimistic on the outcome of the appeal, said the lower tribunal would have done the judiciary proud if it had allowed law to dictate its decision in the petition. He noted that the petitioner had a firm belief in God and that justice would see him through at the appeal, saying the worst Fayemi can get at the appellate court is outright nullification of the election.
The lower tribunal had upheld the election of Oni on the ground that the petitioner failed to prove the allegations of violence and non-compliance.
Adeniyi opined further that though the tribunal  adjusted the total scores of the PDP and AC in the election after canceling the results of the election in some polling units, it went ahead to dismiss the petition of Fayemi without any cost.
On the grounds of appeal, he said the lower tribunal misdirected itself when it deducted the difference between the election results on Form EC8A in the disputed polling units and the outcome of the physical counting, saying there was no where in the petition where the petitioner pleaded what the tribunal did.
This apart, according to Adeniyi, the tribunal gave contradictory judgment when in the Ekiti North Senatorial District petition, it cancelled results where there was a difference between the results on Forms EC8A in the disputed polling units and the results of the physical counting of ballot papers, but refused to do so in the case of the governorship petition.
Adeniyi said it was wrong for the tribunal to use different parametres in similar issues as done by the tribunal which further strengthen the case of the petitioner at the Court of Appeal. He said what was least expected of the tribunal was to cancel the results of polling units where there was a difference between the results recorded on Form EC8A and the result of the physical counting as done in the case of the senatorial petition.
He also gave as ground of appeal the conclusion of the lower tribunal that the petitioner succeeded partially in proving the case of non-compliance with the Electoral Act, but went ahead to rule that the petitioner did not prove how the non-compliance affected the outcome of the election.
Adeniyi added that the tribunal also cancelled election results in areas not before it, citing the example of Ekiti West Local Government Area where the result of the election was only contested in one ward, Ipole-Iloro, but the tribunal went ahead to cancel the results of the entire local government area.
All these formed part of the 28 grounds of appeal that Fayemi put before the Appeal Court sitting in Ilorin as the hearing on the case opens today.
However, the Senior Special Assistant to Governor Oni on Public Communications, Mr. Moses Jolayemi, does not believe that the table can turn in favour of Fayemi as he told News Star that a victory for Segun Oni at the Appeal Court would further convince every doubting Thomases including the AC members that Oni thoroughly trounced Fayemi at the April 14, 2007 governorship election.
According to Jolayemi, “Our expectation is high based on the belief and confidence we have in the integrity of the judiciary, more importantly the good case we have which has been attested to by the tribunal through a unanimous decision by five eminent judges.
“As a matter of fact, a good student is always expectant and sure of receiving laurels for his outstanding performance on the prize given day. That is not to say that he is privy to the questions before the examination day; it is only natural for the student to expect excellent result. So, we are expecting victory at the Appeal Court.”
The Ekiti State chairman of the PDP, Hon. Bola Olu-Ojo, in an interview with News Star, said he was optimistic of a victory at the appellate court. According to him, “By the grace of God we will win the appeal. We have a very good case and this was affirmed by the tribunal that we won by a clear majority, 177,000 voted for the PDP, whereas 108,000 cast their votes for the AC.”
“However the report of the two experts were thrown away by the tribunal on the ground that they were diametrically opposed. The tribunal cancelled 270 units out of 2,249 units and a recount gave 135,000 votes to Segun Oni and 78,000 votes to Fayemi. The recount confirmed that PDP won. So, we believe that the Appeal Court will sustain the judgment of the lower court.”
On his own part, the Publicity Director of the Kayode Fayemi Campaign Organisation, Mr. Yemi Adaramodu, held that “We are sure that the judiciary will do justice to our case at the Appeal Court as it did in the case of Osunbor vs Oshiomhole in Edo State because all the issues raised at the appellate court in Benin City were the same as we did in Court of Appeal sitting in Ilorin, Kwara State. Since the judiciary is not known to speak from the both sides of its mouth, we are expecting an outright victory.” 

Oyinlola, Aregbesola resume battle

HAMEED EGBADE, Osogbo
The Appeal Court panel sitting in Ibadan, the Oyo State capital will today commence hearing in the appeal filed by the Osun State governorship candidate of the Action Congress (AC), Engr. Rauf Aregbesola, against the verdict of the tribunal that upheld the election of Governor Olagunsoye Oyinlola of the Peoples Democratic Party (PDP).
Aregbesola had challenged the declaration by the Independent National Electoral Commission (INEC) of the incumbent governor, Oyinlola, as the winner of the April 14, 2007 on the account of massive rigging and non-compliance with the Electoral Act.
For months that the tribunal lasted, there were allegations and counter-allegations from both parties to the case over an attempt to influence the decision of the panel. The pronounced of it all was the allegation of telephone conversations between the tribunal chairman, Justice Thomas Narron, and Oyinlola’s counsel, Barrister Kunle Kalejaye.
And after months of legal fireworks, the Justice Narron-led five-man panel election petition tribunal sitting in Osogbo on Tuesday July 15, upheld the election of Oyinlola.
“Having stated all these we hold that the petitioners have not established by credible evidence of the acts of violence, non-compliance with the Electoral Act 2006, widespread irregularities which substantially affected the results of the elections for the office of the
Governor of Osun State,” the tribunal declared and consequently dismissed the petition in its entirety as lacking in merit.
In the meantime, the petitioner, Aregbesola, has expressed hope in the appellate court. Speaking with News Star in Osogbo at the weekend, Aregbesola reiterated his commitment to the rule of law and absolute respect for the judiciary; an institution he described as the last hope of the common man and the deprived.
The AC candidate, who spoke through his Media Assistant, Mr. Gbenga Fayemiwo, noted that the Justice Narron tribunal blatantly disregarded facts and the evidence before it that would have brought about the truth and expose the falsehood on the election matter.    
“The Justice Narron-led panel was terribly compromised and that was why the tribunal refused to accept our evidence. You can imagine; how can a court of that nature be able to deliver a true judgment? That was why we rejected the verdict in totality,” he said. 
Aregbesola added: “Nonetheless, we still believe very much in the judiciary and that informed our decision to challenge the tribunal verdict at the appellate court. We are very hopeful that we shall get true justice that will be well celebrated by the entire people of Osun State whose mandate were stolen by the PDP.”
Meanwhile, the state governor, Oyinlola, has assured that there was no cause for alarm as his legal team is battle ready. Oyinlola maintained that he was well prepared to beat his opponent, Aregbesola, again at the Appeal Court in Ibadan which would be the last ‘bus stop’ on the matter.
Oyinlola, through his Special Adviser/Chief Press Secretary, Mr. Lasisi Olagunju, reassured the entire people of the state that the upper court in Ibadan will also vindicate him just like the lower tribunal did.
“We believe so much in the judicial system and the rule of law as democrats. Our legal team is very much intact and we are ready for the legal battle. So, there is no cause for alarm. We are going there to record another wonderful success that will put smile on the faces of the people of this state,” Oyinlola noted. 
 

Alao-Akala vs Ajimobi
Appeal Court to the rescue

OLAIDE OYELUDE, Ibadan
Six months after the Oyo State Election Petition Tribunal led by Justice Teni Yusuf-Hassan delivered its judgment on the contentious April 14, 2007 governorship election in the state, the Court of Appeal will today commence hearing in the appeal filed by the All Nigerian People’s Party (ANPP) governorship candidate in the poll, Senator Abiola Ajimobi.
Senator Ajimobi had approached the appellate court for a redress following the dismissal of his petition by the tribunal on March 17.
The ANPP governorship candidate had petitioned the tribunal challenging the victory of Governor Adebayo Alao-Akala, the Peoples Democratic Party (PDP) candidate, on the ground of non-compliance with the Electoral Act and that the election was characterized with widespread malpractices.
After months of legal fireworks, the four-man tribunal in a three-hour judgment averred that although there were cases of non-compliance with the Electoral Act of 2006 in the disputed four local government areas, but these were not substantial enough to necessitate the nullification of the whole election.
The tribunal declared that Senator Ajimobi failed to prove beyond reasonable doubt that cases of over-voting, falsification of election results and disenfranchisement of voters in the affected local government areas - Ogbomosho North, Ogbomosho South, Ogo-Oluwa and Surulere  - were substantial enough to necessitate the cancellation of the result or declare him a winner.
Consequently, 93, 173 votes were deducted from Governor Alao-Akala’s 357, 972 bringing the duly votes cast of the governor to 264,799.  Senator Ajimobi had 602 votes deducted from his initial 239, 189 making his final votes to stand at 238, 587.
Justice Yusuf-Hassan said that of the three issues raised before the tribunal by Senator Ajimobi, only the aspect of non-compliance with the Electoral Act was well-proved, pointing out that section 146 of the Act says an election should not be nullified if the non-compliance is not substantial.
The tribunal also held that because the petitioner chose only four local government areas for the litigation, it is assumed that the petitioner was satisfied with the conduct and result of the election in the remaining local governments.
As a result, the election of Governor Alao-Akala was upheld.
The judgment was not unanimous as there was a dissenting judgment by Justice Wali Bashir. Although Justice Bashir agreed with the submission of his colleagues on some issues, he deferred on the substantiality of non-compliance with the Electoral Act at the poll.  Bashir said of about 4,000 polling units in the state, non-compliance occurred in 309 units thus amounting to disenfranchising over 97,000 voters. As such, he held that that substantiality was enough to nullify the election in the four local government areas.
His words: “I find it impossible to agree with the majority decision to uphold the election. Thus, the petition is hereby sustained with the votes at the local governments nullified, and that fresh election should be conducted.”
Governor Alao-Akala is equally challenging the judgment of the election petitions. In his cross appeal, the governor faulted the judgment which voided votes cast in Ogbomosho councils on the grounds of over-voting, non accreditation and stamping of Forms EC8A by the presiding officers.
The governor is seeking an order of the appellate court setting aside the decision of the lower tribunal which voided the votes cast on these allegations.
Governor Alao-Akala maintained in a 15-paragraph cross appeal that the tribunal acted beyond its jurisdiction when it proceeded to void his votes on account of over-voting when no such evidence was led by any witness. He submitted that the tribunal lacked the power to generate evidence or make a case for the parties.
As the Appeal Court panel begins its hearing on the election petition today, there are high expectations on the appeal. Virtually all those that spoke with News Star called on the judiciary to be fair in the case.
Senator Lekan Balogun, a PDP chieftain in Oyo State, told our correspondent that the judiciary must be fair in this case. “Though I am a PDP man, wherever the pendulum of the Appeal Court swings to will be okay by me.  All I am after is that justice must be done.  Judiciary must be fair and honest,” he told News Star.
Alhaji Bashiru Akanbi, the Oyo State secretary of the PDP, assured that Governor Alao-Akala will still win at the Appeal Court, insisting that the governor has a good case.
“God has always been with the governor. He has a good case. I see him winning again and again. Our case was supported with adequate witnesses at the lower tribunal. I have a lot of respect for the eminent jurists and I know that His Excellency, Governor Alao-Akala will win this appeal case again,” he told News Star.
Also Alhaji Rasaq Folorunsho, the ANPP state chairman, told News Star that he was hopeful that his party’s governorship candidate, Senator Ajimobi, will win the appeal case. “I am quite sure that Senator Ajimobi will win the appeal and when the Appeal Court rules in our favour, the people of Oyo State would have been freed from bondage.  Just as many people see the judiciary as the last hope of the people, I also look up to the judiciary.  Senator Ajimobi’s government in Oyo State will address the sufferings of the people,” the ANPP state chairman assured.
Honourable Lasun Adebunmi, the state vice chairman of the Action Congress (AC), urged the Appeal Court to treat the case purely on merit and base its verdict on facts before it. He counseled: “I want the Appeal Court to have the fears of God while looking at facts before them and while giving judgment so that at the end of the day, the hope that the common man has in the judiciary will become stronger.”