Tribunal Upheld Oyo State Governor’s Election. 

By Qasim Akinreti,Lagos 

The Election Petition Tribunal sitting in Ibadan, Capital of Oyo State in South Western Nigeria has upheld the election of Otunba Alao Akala as the governor of the state. 

The ruling came after 10 months of legal battle between the People’s Democratic Party and the All Nigeria’s Peoples Party in Oyo state capital, for the control of the former political centre of the old western region. Ibadan was fondly called in political parlance as the WILDWILD WEST 

The Ruling

Three members of the jury led by Justice Teni Yusuf upheld the election. the three members held that while there was non-compliance with sections 50 (1) (2), 54, 75 which bothered on over-voting, non-accreditation, non-signing of results as well as non-signing of ballot papers by electoral officers, which resulted in the voiding of 93,173 votes for the PDP and 3, 949 for the ANPP out of the 357, 922 and 239, 189 votes recorded for both parties in that order,.

They tribunal also agreed that the April 14 gubernatorial polls was held in substantial compliance with sections 146 (1) and 147 (1) of the Electoral Act.

The three justices who spent ample time to calculate the results faulted the initial votes of 357, 922 and 239,189 credited to the PDP and the ANPP in that order by the Independent National Electoral Commission (INEC) maintaining that by virtue of over-voting, non-accreditation and non-signing of ballot papers by electoral officers, the results in the affected units remain invalidated.

Justice Wali Basir the fourth judge in the tribunal, who was the dissenting voice, read a minority ruling. He called for the nullification of the election on grounds that some voters were disenfranchised.

In his words, “the over-voting established in the four local government councils of Ogbomoso North, South, Ogo-Oluwa and Surulere were enough ground to prove a case of substantial non-compliance with the Electoral Act.”

According to Justice Basir, "the petitioner has been able to prove non-compliance in 309 polling units, thus duly discharging his responsibility; the burden is on Alao-Akala to defend. None of the witnesses gave reasons why there were over-voting as they merely alluded to peaceful conduct of the election."

The ANPP governorship candidate Abiola Ajumobi, through his counsel, Adeniyi Akintola promised to appeal the ruling.  

Ajumobi had earlier teemed up with five other parties to challenge Alao-Akala’s victory in the April 14 election in 2007. The petitioners claimed that the governor having been indicted by an administrative panel set up by his predecessor, Rashidi Ladoja and as such, he was not qualified to contest the election as governor. 

They also queried Akala’s compulsory retirement from the Nigeria Police.  

Reactions 

The Oyo State Governor, Otunba Alao Akala described his victory at the tribunal as “victory for democracy”. His political opponents dismiss the tribunal ruling as fraud. They applauded the dissenting ruling of Justice Basir as a good ground for their appeal. 

On a rather sad note, three supporters Governor Akala were reported killed as a result of  motor accidents in Ibadan following the celebration that greeted his victory at  the tribunal.

 

Monitor TV/NP/ Qasim/G.O.