www.tribune.com.ng/news/top-stories/item/28676-osun-gov-anxiety-as-aregbesola-omisore-know-fate-tomorrow



Anxiety and apprehension are
already mounting in Osun State, as
the election tribunal, adjudicating
over petition regarding the result of
August 9, 2014 governorship
election in the state prepares to
deliver its judgment in the case
tomorrow.
At the last proceedings, counsel for
the petitioner and the Peoples
Democratic Party (PDP) standard-
bearer during the election, Senator
Iyiola Omisore, Mr Alex Izinyon
(SAN) and the first respondent
(Rauf Aregbesola), Mr Akin Olujimi
had adopted their final written
addresses before the tribunal
headed by Justice Elizabeth
Ikpejime.
In his submission, Olujimi urged
the court to dismiss Omisore’s
petition on the ground that it was
incompetent because it was filed out
of time.
He maintained that the petitioner
did not call evidence in respect of
116 out of 142 wards, where they
were challenging the results of the
election.
According to Olujimi, “in their
petition, they challenged results in
939 polling units. They did not call
evidence on 709 polling units. They
have abandoned their case in
respect of 709 polling units. Even if
they had called evidence in all the
units, the first respondent would
still have won convincingly with
majority lawful votes.”
While contending that the
petitioner could not prove their
case randomly, but must call
witnesses in all disputed units, he
cited the case of OBJ Vs Buhari and
concluded that “ based on these
submissions, we urge your Lordship
to dismiss the petition with
substantial cost.”
But, counsel for the petitioner, Alex
Izinyon, argued that “my client
(Omisore) should be declared the
winner of the governorship election,
having polled majority of lawful
votes.”
He stated, “first respondent had
admitted that the total valid votes
cast and that the figure allocated to
him by INEC was wrong, going by
the table, indicating the results
provided by his counsel. It makes
the work of the tribunal easier”.
“The total votes, remaining for the
APC after deduction is 234, 971.
This is an admission from the first
respondent, which is different from
the INEC result, indicating that APC
got 394,684 votes. I urge your
Lordship to follow their result.
There was substantial non
compliance with electoral process
and irregularities in the election”.
In looking at preponderance of
evidence, respondents have no case
to weigh on the scale compared to
the petitioner’s case. The petitioner
with what we have submitted in his
unwavering evidence should be so
declared and returned as the
governor of Osun State,” Izinyon
argued.