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The Supreme Court Tuesday affirmed the July 16, 2022 governorship election in Osun state which threw up Ademola Adeleke of the People’s Democratic party(PDP) as winner of the exercise.
five-member panel of Justices of the Apex Court made the affirmation shortly after dismissing the appeal by former Governor Adegboyega Oyetola of the All Progressives Congress (APC).
Oyetola had sought a reversal of the judgment of the Abuja Division of the Court of Appeal which declared Adeleke lawful winner of the governorship election.
And in his reaction, President Muhammadu Buhari urged all stakeholders to shun bickering and take the judgement in good faith in the interest of the state.
The verdict
In a unanimous decision delivered by Justice Emmanuel Agim, the nation’s Apex Court held that the appeal was incompetent and lacking in merit.
The panel noted that the appellate court was in order when it held that the tribunal erred in arriving that there was malpractice in the election that produced Adeleke as winner of the Osun governorship election held July last year.
The Supreme Court held that the appellants failed to prove allegations of non accreditation, improper allegations as well as over voting in 744 polling units in 10 local governments Areas of the state.
Besides, the panel also held that Adeleke was well qualified to contest the governorship election as allegations of certificate forgery were not proved by the appellants.
They noted that the failure of the appellants to call the institution that awarded Adeleke the said certificate to prove otherwise was fatal to the case of the appellants.
In the light of this, the court declared that the entire judgment of the lower tribunal was a nullity because it failed to consider the issue of jurisdiction raised by Ademola, insisting jurisdiction is crucial to the hearing of any case.
They also concurred with the respondents that failure of the second member of the tribunal to give her own opinion in the majority judgment rendered the judgment a nullity.
Buhari pleads
In his reaction, President Buhari said the Supreme Court’s verdict has further strengthened the important role of the judiciary in deepening the rule of law and democracy.
With the final decision by the Court, the president reminded the political class and their supporters that the main task at hand is to make the people feel the impact of good governance, where a prosperous, peaceful and stable Osun is guaranteed.
He, therefore, urged all citizens and residents of the state, particularly her notable sons and daughters, to give Adeleke’s administration all the needed support to ensure that programmes, policies, plans and aspirations fashioned to make individuals and businesses flourish succeed.
“Elections should be seen as the path to an end, which is the progress of the people in a peaceful environment, rather than unending bickering. This is the time for inclusion and harmony in the State at the end of litigation,” he said.
President Buhari thanked the people of Osun for contributing immensely to the development of the nation, particularly through the state’s rich cultural heritage, the several historic sites and tourist attractions, including the Osun-Osogbo Sacred Grove, which is a UNESCO World Heritage Site.
He said government would continue to develop the boundless resources in the State of the Living Spring, complementing the roles of the government at the Centre on national development and prosperity.
…Adeleke, PDP, Atiku, APC react
Also speaking to journalists on the development in his hometown, Ede, Tuesday, Governor Adeleke promised he would continue to govern with the fear of God and ensure the implementation of his five-point agenda.
A visibly elated Adeleke said: “This is a historic landmark in the history of Osun politics. Today is the day our God ordained to stand His authority as the owner and giver of power.
“Today is that moment when the will of the people ordained by God survived the anti-masses plot of powerful forces. We, therefore celebrate God almighty. We dedicate today’s victory to Him. State power is of God and He bestowed it on whoever He wishes. I will remain God-driven, divinely inspired, I will govern with the fear of God. Our governorship is an affirmation that we are for the people, by the people.
“As a moral compass, affirming the integrity of my lord justice, your affirmation for the truth and people’s will, consolidate and strengthen our democracy. On behalf of the Osun people, we appreciate you and adore your love for justice and equity.
“To all stakeholders in the Osun project, be assured that the revalidation of our mandate is a challenge, a call to duty, a fresh demand for more dividends of democracy.
“I commit myself to more expanded delivery of good governance. In me, you will find a true pro-people governor.
“I seek the support of all Osun residents and citizens, irrespective of party affiliations. This is our state and we must join hands to develop it.
“My appreciation goes to my family, my wives, Titi and Ngozi, and children. To all Imole in Nigeria and abroad; thank you for standing by me. I want to thank my brother and sister.
“My people of Osun State, the good job continues. We wrap up the implementation of our five points agenda. We shall focus on grassroots development. We shall embark on the agricultural revival of our dear state. Our policies shall fight poverty, insecurity, unemployment, and underdevelopment. You shall truthfully feel and enjoy the dividend of democracy.”
…PDP
In its reaction, the PDP, in a statement by its National Publicity Secretary, Debo Ologunagba, said the Supreme Court’s verdict “serves as the ultimate triumph of the Will of the people of Osun State as expressed at the Polling Units.”
“The judgment of the Supreme Court has further restored the confidence Nigerians repose in the institution of the Judiciary and the hope for the sustenance of democracy in our country,” it added.
Speaking at a press conference in Abuja, Ologunagba said their facts and body of evidence against the President-elect, Asiwaju Bola Ahmed Tinubu and the APC over alleged rigging of the 2023 election were incontrovertible.
“Our facts and body of evidence are incontrovertible. Our Party restates its confidence in the ability of the Judiciary to discharge its Constitutional duty dispassionately based on the evidence before it.
“At the Pre-hearing Session today, our Legal Team announced the filing of a Motion on Notice before the PEPC requesting for a live broadcast of the proceedings of the Court.
“This innocuous application is in the interest of openness which is an essential ingredient of participatory democracy especially as Nigerians are desirous of being directly involved at every stage of the electoral process.
“The PDP calls on Nigerians to remain alert, informed, and law-abiding as we commence this crucial phase in the quest to rescue, rebuild and redirect our nation from the misrule of the APC,” the party stated.
…Atiku too
In a related development, former Vice President Atiku said with the verdict, the Bimodal Voter Accreditation System (BVAS) has come to stay as a legal instrument for the accreditation and transmission of election results in Nigeria.
Atiku, in a statement Tuesday by his media adviser, Paul Ibe, said: “We are all witnesses to the copious references to the BVAS technology in coming up with this judgment.”
“The law governing our elections has truly brought power to the people, and those power-mongering politicians who believe that they can freely subvert the inherent power of democracy now have their hopes dashed,” he said.
…APC
Also in a reaction, the state chapter of the APC Tuesday said the Supreme Court’s decisions were final and cannot be challenged in any other court of the land.
The state’s Acting Chairman of the party, Sooko Tajudeen Lawal, said this in a statement issued by its Director of Media and Information, Kola Olabisi.
“As a democratic political body that solely believes in the rule of law, there is no way that we can fault the judgment of the Supreme Court which is the highest court in the land even though we are not happy with the judicial decision.
“While we are congratulating the beneficiary of the judgment, we make bold to state that we shall not be found wanting in playing our expected opposition roles to keep the government on its toes.
“The members and supporters of our party should refuse to be downcast with the current political situation in the state as the nature of politics is that one doesn’t win all the time,” the APC stated.
