Osun gov’ship poll: Supreme Court affirms Oyetola’s election

…Adeleke congratulates Oyetola, says his ambition never a do-or-die affair

…Mixed reactions greet Supreme Court verdict

Andrew Orolua, Tunde Opalana, Abuja & Olaniyi Ajibola, Osogbo

In a split decision of five to two justices, the Supreme Court on Friday affirmed the election of Governor Adeboyega Oyetola, the candidate of the All Progressives Congress (APC) in the governorship election of Osun State held in September, 2018.

The Supreme Court dismissed the appeal filed by Senator Ademola Adeleke of the Peoples Democratic Party (PDP), who has challenged the judgment of the Court of Appeal.

Surprisingly, the Supreme Court, Court of Appeal and the Osun State Governorship Election Tribunal were divided in arriving at their decisions.

The apex court in a majority judgment delivered by Justice Bode Rhodes-Vivour, after affirming the decision of the Court of Appeal, went further and nullified the judgment of the Osun State Governorship Election Petition Tribunal on the grounds that the tribunal was not properly constituted on February 6, 2019 when the evidences of key witnesses that formed the major reasons for its decision was taken.

Justice Rhodes-Vivour agreed with the lower court that the absence of Justice Peter Obiorah, who delivered the tribunal judgment, from the proceedings of February 6 was fatal to the case of the appellants.

He noted that Justice Obiorah, according to the court’s record, was absent on February 6, 2019 when the respondents witnesses 12 and 13 – Ayoola Soji and Oladejo Kazeem – testified and tendered exhibits which the tribunal admitted in evidence.

The Supreme Court held that having not attended the tribunal’s sitting on February 6, 2019, Justice Obiorah did not see the two witnesses and was unable to examine their demeanour, as required and therefore, it was unlawful for the judge to have authored a judgment in which he reviewed the evidence given by the witnesses.

“The writing of or the participation of the Justice P. C. Obiorah in the writing of the judgment of the lower tribunal of March 22, 2019 and delivery of same, vitiates the entire judgment,” Justice Rhodes-Vivour held.

The main issue for consideration was whether Justice Obiorah participated in the February 6 proceedings, adding that it was clear from both parties that Obiorah did not sit on that day.

“Failure to sit rendered the proceedings a nullity and the Judgment suffers a fundamental error and it irredeemably affected the competence of the judgment of the tribunal,” he added.

Four other justices on the panel, Tanko Mohammad, Kudirat Kekere-Ekun, Amir Sanusi and Uwani Aba-Aji agreed with Justice Rhodes-Vivour’s judgment.

However, Justices Kummai Akaahs and Justice Paul Galinje, disagreed with the lead judgment.

Justice Akaahs said that Judge Obiorah alleged absence on February 6, was not resolved, adding that even if the issue was to be legally resolved, the respondents ought to file affidavit to challenge the record of proceedings of February 6.

The two dissenting justices further held that the findings of the majority judgment was based on conjecture and a well articulated speculation by relying on certified true copy of the tribunal’s proceedings instead of the original record.

The minority judgment also held that cancelation of election in seven polling units of four local government areas of Osun State by a returning officer of INEC was illegal, unlawful and unconstitutional, adding that by Section 179 of the 1999 Constitution, Adeleke, who scored highest votes in the main election and fulfilled the section ought to have been declared winner of the election.

“INEC is supposed to be an unbiased umpire, cancelling election by a returning officer is not allowed by law, just like using manual to cancel election is also illegal,” the justices averred.

The minority judgment further accused INEC of using inconclusiveness in election to perpetrate fraud and to do what it wants to do even when it is illegal.

They therefore, set aside the judgment of the Court of Appeal and declared Adeleke as winner of the election of September 22, 2018 Governorship election.

Reacting to the ruling, President Muhammadu Buhari congratulated Governor Gboyega Oyetola of Osun State on the Supreme Court ruling which affirmed his victory in the state governorship election of September 2018.

President Buhari, in a message by his Special Adviser on Media and Publicity, Femi Adesina, shortly after the apex court ruling, stated that the decision of the court lays to rest the tussle over the governorship of Osun State and removes all encumbrances on the path of the governor from fully delivering dividends of democracy to the good people of the State.

Buhari commended the government and people of Osun State in allowing the rule of law to run its entire course, urging them as well as security agencies to sustain the peace.

He called on the victorious governor and the ruling All Progressives Congress to be magnanimous in victory and make concrete moves towards inclusive governance as may be necessary.

The President also expresses the Federal Government’s continued willingness to partner with the State Government for the betterment of the people going forward.

Meanwhile, the candidate of the Peoples Democratic Party (PDP) in the 2018 Osun State governorship election, Senator Ademola Adeleke, has congratulated Governor Oyetola on his victory, saying his ambition was never a do-or-die affair.

Adeleke made the statement through his spokesperson, Olawale Rasheed, in a statement issued after the court ruling on Friday and made available to journalists in Osogbo, the capital of state.

He said he has accepted the ruling of the apex court, irrespective of his feelings and perception about the verdict, declaring that “as a democrat and law -abiding citizen, I accept the ruling no matter my misgivings and wish Governor Oyetola well in the governance of Osun State.

“In all circumstances, we must thank God Almighty. We gallantly fought a good fight in pursuance of a democratic cause. The ideals we fought for lives on.

“Our ambition was never a do-or-die affair. We aspired to serve and deliver democratic dividends to the people of Osun State. Our ambition was altruistic. We wish Governor Oyetola the best in governance of the state.”

He, therefore, expressed gratitude to his teeming supporters, leaders and members of the PDP for their profound support.

However, Friday’s Supreme Court verdict reaffirming Gboyega Oyetola as Osun State governor has been greeted with mixed reactions.

The ruling All Progressives Congress (APC) welcomed the ruling and congratulated Gov. Oyetola and indeed, Osun State chapter of the party for successfully defending his legitimate mandate.

National Publicity Secretary of APC, Lanre Issa- Onilu, in a statement, said the ruling now cements the majority status of progressive governors in the country.

He said: “Undoubtedly a closely- contested election, we commend the apex court’s decision which is in tandem with the choice of the Osun State electorate who voted for continuity and our party’s Change Agenda.

“The ruling will now allow the Governor Oyetola-led APC administration in Osun State focus on the core business of governance and implementing the many pro-people developmental plans for the state.”

The APC sought the cooperation of all stakeholders in the state, particularly the political actors to support the Governor Oyetola administration in its bid to develop the state.

In his reaction, the Senate President, Ahmad Lawan congratulated the Gov. Oyetola over his victory and urged him to be magnanimous in victory.

Lawan, in a statement by his Special Assistant on Media and Publicity, Mohammed Isa, described the judgement as victory to democracy, the All Progressive Congress (APC), the Governor and people of Osun State.

He charged Oyetola to put behind him past events during the electioneering and its aftermath litigation, and concentrate on tackling the challenges facing the state.

He urged him to run an all-inclusive government where everybody in the state will be carried along for the betterment of the State.

Lawan said: “Your victory is a great joy and achievement for our party. We are delighted that after a long legal battle, Osun State can finally settle down for good governance.

“My advice to you as you champion the course of governance in the state is to see every indigene of the state as equal partner and stakeholder in driving the wheel of progress. Let your reign be exceptional by being magnanimous and focused.”

The Senate President called on the people of the state to give maximum support and cooperation to the governor for the interest and progress of the state.

“Now that the legal battle is over, let us come together and embrace one another in the general interest of the State,” he said.

The Peoples Democratic Party (PDP) whose candidate, Senator Ademola Adeleke’s hope was dashed, expressed shocked at the ruling.

Describing the ruling as contentious, the party said the fact that the Supreme Court had a split judgment also speaks volumes on its verdict.

The party’s position was contained in a statement by its National Publicity Secretary, Kola Ologbondiyan.

He said: “Our study of the judgment however shows that the Supreme Court did not negate the position of the PDP and millions of Nigerians that our candidate, Sen. Ademola Adeleke won the election, but based its verdict on reservations over issues of technicalities arising at the election petition tribunal.

“Nevertheless, our party stands with overwhelming majority of Nigerians on that undeniable fact that the people of Osun State, by the votes cast at the poll, preferred Senator Adeleke as their governor.

“The PDP as a law-abiding party, however, urges the people of Osun State to remain united, calm and not lose hope in our democratic process and the quest for a government that truly represents their wishes and aspirations.”

Meanwhile, PDP presidential candidate who is presently at the tribunal to challenge the election of President Muhammadu Buhari, gave courage to Adeleke, promising to stand by him.

Atiku said: “I join with people of goodwill all over Nigeria to say to Senator Ademola Adeleke, and the people of the great state of Osun, that we stand with them in good times and in difficult days.

“The Supreme Court has ruled and because of its judicial finality, the legal case is over. However, the love, acceptance and endorsement that the people of Osun bestowed on both Senator Adeleke and the Peoples Democratic Party is not over and cannot be overlooked.

“Those who think this is the end of the road for Senator Adeleke and the Peoples Democratic Party in Osun, are greatly mistaken. This is not the end. Not even the beginning of the end. No. Today marks the continued ascendancy of Senator Adeleke and his party in the hearts and minds of his people.

“They had expected that the progress and development that the Adeleke family had consistently brought to Osun will be translated to their governance. That hope is not dead, but only delayed.

“I extend my right hand of brotherhood to Senator Adeleke in all his future endeavours and I assure the good people of the state of Osun that the Peoples Democratic Party remembers their love and acceptance and will never forget to stand by them no matter the situation.”

The former vice president urged the nation’s judiciary to take a pulse of the nation and reflect it, stressing that God has placed a great responsibility on the hands of the judiciary.

He said the judiciary holds it a duty to ensure that justice is done, irrespective of the pressure to do otherwise, by the powers that be.