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| Olusegun Mimiko |
The Ondo Governorship Election Petitions Tribunal sitting in Akure, the state capital, on Friday affirmed the victory of Governor Olusegun Mimiko at the October 20, 2012 election in the state.
The three-man tribunal in it judgment delivered by its Chairman, Justice Andover Kaka’n, to a capacity filled courtroom subsequently dismissed the petitions of both candidates of Action Congress of Nigeria (ACN) and Peoples Democratic Party (PDP), Oluwarotimi Akeredolu (SAN) and Olusola Oke, respectively.
Justice Kaka’n said in the judgment that Akeredolu’s petition was dismissed in its entirety for failure to prove its ingredients.
On the crux of the written address of Akeredolu on whether or not the voters’ register used by the Independent National Electoral Commission (INEC) for the election was valid, the tribunal ruled that “the use to which the petitioner made use of voters’ register was to challenge the witness of the respondent. He did not challenge any of them on this. Petitioners want us to hold that there was no accreditation but how many of those who voted did not accredit? He did not show.
“The Petitioner rather than demonstrating that he had more votes was busy with other allegations that were not proved. The petitioners have achieved nothing. The law is that pre-election matters can only be heard at the regular courts while post-election issues are within the purview of the tribunal. All issues of voters register injections is a pre-election matter, we have no jurisdiction.”
While delivering it judgment on Oke’s petition, the tribunal said “it is not just enough for the petitioner to allege substantial non-compliance. The petitioner must convincingly prove substantial non-compliance.
“The petitioner must depend on sure evidence. Not evidences of liars, not hearsay; not evidence of those who were nowhere near the incidence they witness to.”
According to the judgment, Oke did not differentiate between what he heard, what he saw and what his agents told him, stressing that “PW 45 cannot give evidence on all the units and wards because he was not there. The statement on oath of PW 45 is a bundle of secondary and primary hearsay.”
The tribunal also discountenanced evidence of PDP agents on non-signature of Form EC8A, saying the agents gave hearsay evidences. It also dismissed allegations of disruption of election with food, money and other materials, saying the agents cross-examined couldn’t substantiate this claim.
Counsel to Mimiko and former Attorney- General in the state, Eyitayo Jegede, commended the judiciary for the judgment, adding that the judges had reinforced the trust of the people of the state had in Mimiko which they demonstrated through their votes in the October 20 Election.
Counsel to INEC, Tuned Fayola also thanked the judges for the judgment delivered in good faith. He then asked for N50,000 as cost damages from each of the petitioners.
Action Congress of Nigeria counsel, Wole Aina said they have accepted the judgment in good faith, but not without prejudices to his client’s right to seek redress at a higher court, while PDP counsel, Olajide Ajana said it was not within his competence to assess the judgment as he would do that in due course.
The Presidency hailed the verdict while the Ondo state chapter of the PDP said it fell short of ‘judicial industry’.
Political Adviser to the President, Barrister Ahmed Ali Gulak told Saturday Independent on telephone that the outcome of the process was very commendable.
“We commend the process; we salute the governor for this wonderful victory, and this goes a long way to show that Mr. President is a man who does not interfere in the affairs of the judiciary and even the legislature.
“We have followed this process since it started and at this point, we need to put partisan politics aside and state the needful, which is to again, congratulate Governor Mimiko for the confirmation of his victory at the last governorship election, Gulak said.
But Director of Publicity of Ondo PDP, Ayo Fadaka, described the reaction to the verdict as a personal opinion of the Presidency.
This is even as he told Saturday Independent on telephone that the outcome of the proceedings was “curious”.
“It is very curious and worrisome that the tribunal decided to set aside the basis of our party’s submission, which is the voters’ register.
“It is very disturbing that the tribunal could resort to calling the issue before it a pre-election matter; to say the least, this is very disappointing and fell short of known judicial wisdom.
“As a matter of fact, the Ondo state PDP has solace under the constitution which permits appeal against disappointing judgments like this being presented by the election petition tribunal.
“We shall explore all avenues to appeal against this shoddy judicial process; a very curious outcome which fell short of judicial industry,” Fadaka said.
Asked if he was aware that the Presidency’s position was at variance with the position of the party in the state, Fadaka said, “whatever position taken by the Presidency on the verdict is personal and has nothing to do with our party position in Ondo State”.
Source: Daily Independent
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