Ogun gov: Between Abiodun, Akinlade and the tribunal

Ogun state governor Prince Dapo Abiodun and the All Progressives Congress (APC) are still basking in the euphoria of their victory at the Governorship Election Petition Tribunal of September 14. OLUFEMI ADEDIRAN writes.

The judgement

The three-member tribunal led by Justice Yusuf Halilu had dismissed all the prayers of the governorship candidate of the Allied Peoples Movement (APM), Hon Adekunle Akinlade and dashed his hope of becoming the governor of the state.

Akinlade through his lead counsel, Mamman Osunma (SAN) had gone to the tribunal to challenge Abiodun’s victory in the March 9 election alleging among other things, that the governor told lies about the certificates he possesses. He also alleged there was over voting in some voting centres and also that Abiodun’s party did not substantially complied with the electoral law.

Prof Taiwo Osipitan (SAN), led 15 other lawyers to defend Governor Abiodun while Mamman Osunma (SAN) led other lawyers to argue Akinlade’s case. The APM called 39 witnesses while APC called 35. 

Akinlade and his party filed in the petition marked, EPT/OG/GOV/01/19 to challenge the victory of Governor Abiodun on grounds of alleged over-voting and Abiodun’s ‘lack of qualification’. 

But the tribunal in its judgement ruled that the petitioner failed woefully to prove all the allegations. The Independent National Electoral Commission (INEC) and Abiodun’s All Progressives Congress (APC) were joined in the suit, which started in April.

Before the judgement

Contrary to reports that party faithful might engage themselves in violent attack, the combine security forces, comprising men of the Nigeria Police Force, led by the State Commissioner of Police, Bashir Makama, the Department of State Security Service (DSS) and Nigeria Security and Civil Defence Corps (NSCDC) took charge of security at the premises and its immediate environs.

Akinlade was sponsored by the immediate past governor, Senator Ibikunle Amosun, even though he stood on the platform of the APC to win the Ogun Central senatorial district. So it was in fact a contest between the immediate past governor, whose preferred candidate was rejected by the leadership of the party, and the candidate of the party.

Akinlade in his 332-page petition insisted that he won more votes in that election hence the tribunal must declare him winner of the election. The five-month old tribunal had a rough start in the state. Halilu’s tribunal was the third set up by the Chief Justice of Nigeria (CJN) to handle Akinlade’s case.

The first tribunal was headed by Justice Chinwe Onyeabo but the State Labour Party (LP) wrote a petition against her, saying by extension she is related to Vice-President, Prof Yemi Osibanjo, who was alleged to be supporting Abiodun.

Based on the allegation, they were excused. The second tribunal, led by Justice Josephine Coker that replaced Onyeabo’s own was also dissolved based on another petition.

Anxious care

The mood on the day of the judgement was that of sobriety, anxiety and uncertainty as party faithful milled around the court premises hoping that their political party will be victorious at the end of the day.

The mood, after several hours of waiting, soon changed to that of partying and carnival as the shout of wild jubilation rented the air.

By the time, Justice Halilu had finished reading his judgment, all APM supporters were nowhere to be found, they had hurriedly left the court premises probably to avoid being attacked by the supporters of the APC.

The security men had a hectic time controlling the over joyous crowd who were drumming and dancing.

Justice Halilu in the 4 hours 36-minutes period he took to read the judgment stated in part of his summary: “This petition does not only fail, it is destined to fail, it fails and hereby dismissed.

“The petitioner (Akinlade) did not only fail but also irredeemably failed to prove the over-voting and malpractices allegations.”

Speaking specifics

On the allegation that the governor told lies in the certificate he presented to the INEC, the tribunal agreed that the issue was a pre-election matter besides it ought to have filed 14 days Abiodun submitted Form CF001 to INEC, which was not done.

Besides, the tribunal agreed that there was nowhere Abiodun told INEC that he graduated from the University of Ife, now Obafemi Awolowo University, (OAU), adding that what Abiodun said was that he attended the university but he didn’t say he graduated.

Justice Halilu explained that what the governor stated in his INEC form was that he possessed a WAEC certificate, a point which had already been determined by the Court of Appeal and ought to have ended the matter. But Halilu ruled on it all the same.

His words, “The petitioners have failed to prove beyond reasonable doubt that the information submitted by Dapo Abiodun in form CF001 amounted to false information.

“We hold, therefore, that the petitioner did not tender any evidence to dispute that the information tendered in such exhibit was false.”

“There was no proof in respect to the allegation that the information the second respondent (Abiodun) submitted in form CF001 contain false information. Failure of the second respondent to disclose the universities he attended or graduated from in exhibit PP1 cannot by any stretch of any flightier imagination of the petitioner amount to false information.

“From the evidence before us, both documentary and oral, the petitioner has failed woefully to adduce evidence to prove that the information supplied by the second respondent was false, and two that the information by the second respondent disqualified him from contesting the election. The second respondent was qualified, having satisfied the requirements of the constitution of the Federal Republic of Nigeria.”

“We, therefore, hold that the petitioner’s documents and oral evidence in support of his ground are lazy, deficient and shallow and proves nothing and are so watery in substantiality that no reasonable court can act on,” Justice Halilu said.

The pronouncement may have put paid to the APM’s quest to takeover power in Ogun state. Recall that the immediate past governor Senator Ibikunle Amosun had following sharp differences in choice of the APC governorship candidate between him and the national leadership of the party encouraged his preferred candidate Adekunle Akinlade to decamp to the APM and contest the position in the March 9 poll.

In fact, many think the decision of the APM to adopt the candidacy of President Muhammadu Buhari of the APC was largely influenced by Senator Amosun and thereafter took the national chairman of the APM to the Villa to meet with the president.

The APM had said it had resolved to resist extension of political hegemony to the state by “external forces” by voting the candidate of their choice in 2019 general elections. But it seems it did or has not quite work out.

Most challenged mandate

Governor Abiodun in his reaction to his victory at the tribunal said he had gone through the most turbulent electoral process than any other governor in the country.

The governor, who a day after the judgment (Sunday), said, apart from the tribunal, he had survived nine pre-election cases before his victory at the poll. He said the ordeal he was subjected to however never for once deter him as he was ever more resolved to go through the processes for the sake of the people. He insisted he wanted to ensure that the mandate willingly given to him by the people that trusted his capacity and readiness to work assiduously to ameliorate their suffering was not in vain.

His words, “My first reaction is to give glory to Almighty God and to say that this is further affirmation that indeed ‘with God nothing shall be impossible.’ This victory is for Ogun state people who have entrusted me with this mandate. It has been contested in so many courts. 

“I have gone through probably, one of the most turbulent periods any governor could have gone through. I went through several pre – election cases, about eight or nine and also this tribunal.

“God has continued to remain God. This mandate is a divine mandate and I believe that is obvious to all. This is a decision of the people of Ogun state and that was further ratified by the people.”

It’s God-backed mandate, join now or…..

He described the judgement by the tribunal as “the triumph of rule of law, victory for democracy and further validation of the mandate bestowed on him at the polls.”

The governor said he remained magnanimous in victory and extended, once again, a hand of fellowship to all opposition parties in the state and called on the APM to forget about 2019 gubernatorial elections and join hand with his government on its “Building Our Future Together Agenda.”

He advised that, rather than dissipating energy and resources on litigation, they should either negotiate their return to APC where they were or start preparing for 2023 elections.

Governor Abiodun said, “Opposition strengthens democracy and I appreciate the fact that he went to the tribunal in exercise of his constitutional rights. The tribunal has validated the mandate freely given to us by the masses at the polls.”

“The candidate and all members of APM and indeed members of other parties are free to  join APC. Those who are still aggrieved should learn that democracy is about majority rule. The people have spoken and the Tribunal has validated their choice of me. Anybody who feels otherwise should start preparing for 2023”.

He assured the people of his administration’s commitment to providing focused and qualitative governance anchored on fairness, equity and inclusiveness.

“No retreat, no surrender”

Akinlade in his own reaction said his legal team had applied for Certified True Copy (CTC) of the tribunal judgment with a view to determining the next line of action.

The APM governorship candidate, who described the judgement as mixture of the good and the bad, hinted that there will be no going back on the battle to reclaim his stolen mandate. Akinlade, while addressing his supporters and party faithful, said the tribunal might have delivered its ruling, but “certainly that’s not the judgment of God.”

Specifically, he told the ruling APC and Governor Abiodun that “you might buy the votes and the judgement, but you can’t buy the will of the people and their determination.” The candidate said he has no doubt that the people of Ogun state willingly and freely gave him the mandate to govern them because they recognise his capacity and his humane disposition towards them as evident by his past gesture which brought no little relief to the needy. 

According to him, the petition he filed before the tribunal was not based on the academic qualification of the governor but rather on alleged false information contained in his Form CF001 submitted to INEC.

He said, “Our people are not happy. I am just a representative of the people. And surely they are not happy about it (the judgement). The judgement is not the true reflection of the choice they made freely and willing on March 9.

“The constitution is very clear that where you disagree with any position, you seek redress within the court of law. There are still grounds open to us. The crafters of our constitution know that tribunal is still the first step. We thank our forebears who crafted the constitution to enable one seek redress where one disagrees with one judgment. And that’s what we hope to do.

“We know very clearly that in our petition, nowhere in the petition did we talk about the academic qualification of the second respondent. It was purely on the fact that he lied by providing false information. If the judgement is based on the academic qualification, then we believe something needs to be done when our lawyers review it,” Akinlade said.

Petition was a distraction by sore losers

The state chapter of the APC in its reaction to the judgment said it never doubted the victory of the governor both at the election in March and at the tribunal, describing the petition as a bad case.

The Publicity Secretary of the party’s Caretaker Committee, Tunde Oladunjoye, in a chat with Blueprint, said, “We never doubted the governor’s victory. It was a bad case from the beginning.

“The election was tough but the APC won convincingly. It has never happened in the annals of governorship elections in Ogun state that leading governorship candidates would, not only concede defeat, but would also congratulate and visit the winner.

“Personally, I knew the APM could not have won that election. No party formed within a year has ever won governorship election in Ogun state. The APM was less than six months old when the election was held.

“The party wishes to commend the judges for a thorough job done. The detailed nature of the judgement clears all doubts and reconfirms our belief that the petition by Abdulkabir Akinlade, the APM and their sponsors as mere distractions by sore losers.

“Our advice is for these people (APM supporters) to desist from any further acts of distractions and join Prince Dapo Abiodun to build the future of Ogun state. We want to jointly do it. The governor has been running the promised all inclusive government”, Oladunjoye said.

However, the Allied Peoples Movement national Yusuf Dantalle dismissed the APC’s position that the APM was less than 6 months old when the election was held. He said election was not about how old a party is but its strength, the followership and the agenda its presents before the people.

“How old was the APC when it defeated an incumbent federal government? Was it because it was older than the PDP or because the people were just tired of the PDP and wanted a change? Ogun people desire a change to better government manned by capable individuals.”