http://www.tribune.com.ng/sun/16032008/news/news16.html

NO matter where the pendulum of victory swings as the Oyo State Governorship Election Petition Tribunal decides tomorrow, one thing is certain: there will be an appeal.

Counsels to the plaintiffs and the defendant had, throughout the period the trial lasted, argued and marshalled their points to the admiration and consternation of the watching public. But despite all the brilliant display by the counsels, none can actually come out to say where the pendulum of victory will swing in the next 24 hours.

The two camps, are however, optimistic of victory. Their positive dispositions are hinged on the way and manner they were able to argue their cases before the eminent jurists.

During the legal tussle, which lasted over nine months, the political combatatants entered the media and if judgments were to be delivered based on media advantages, the public would have determined where the pendulum of victory will swing.

Since that is not the case, many people are eagerly awaiting tomorrow’s judgement.

The tribunal is expected to rule on two petitions, which border on the eligibility of Alao-Akala to contest the poll due to his earlier indictment by a five-man panel set up by former Governor Rasheed Ladoja to look at his administration of the state while he was impeached for 11 months. The panel was said to have found him guilty of alleged corrupt practices. The second allegation was that of alleged violence and multiple voting and rigging at the April 14, 2007 governorship election in the state.

The All Nigeria Peoples Party (ANPP), governorship candidate in theApril 14 polls, Senator Abiola Ajimobi, had challenged the election victory of Governor Adebayo Alao-Akala as announced by the Independent National Electoral Commission (INEC).

Ajimobi, through his counsel, had described the election that produced Governor Akala as a sham and which was marred by violence and electoral malpractices. He, therefore, asked the tribunal to declare him as the duly elected governor of the state.

Counsel to Ajimobi had equally argued that the PDP candidate was not qualified to have contested the election abinitio,because he had earlier been indicted by an Administrative Panel of Inquiry set up by former administration in the state under the leadership of Senator Rasheed Ladoja.

Apart from that, they also wanted Akala to be disqualified from occupying the governorship seat because he was dismissed from the police service, which automatically disqualifies him from contesting or occupying public office.

The opposition to the governorship victory of Governor Akala had sought to nullify his ascension to the office of the governor on three major platforms, namely, election rigging in Ogbomosoland, indictment by an administrative panel, and dismissal from the police.

Counsels to the parties, expectedly, made spirited efforts to convince the eminent jurists to sway judgment in their favour, with each advancing arguments to butress their claims.

Counsel to the petitioner, Chief Niyi Akintola (SAN) in his address urged the tribunal to declare his client, Senator Ajimobi, the duly elected governor, arguing that the exercise was marred with violence and if the act of violence was found to be overwhelming by the tribunal, the election should be nullified and fresh election ordered.

On the indictment, Akintola asked the tribunal to agree with him that the former deputy governor’s indictment by an administrative panel ahead of the poll, disenfranchised him from contesting and urged the tribunal to disregard the citation of counsel to the governor that by virtue of the current development, the indictment case is a dead matter.

In his argument, counsel to Governor Akala,Chief Lateef Fagbemi (SAN),declared that since elections were conducted on polling unit basis, whoever wishes to nullify the result of the election, must put forward evidence of irregularities in each of the polling units.He, therefore, prayed the court to disregard the alleged irregularities cited by the petitioner noting that the errors discovered in the calculation of votes in some polling units were human errors, pointing out that such errors were also discovered in the calculation of votes in the polling units where the petitioner was declared winner. On the indictment, Akala’s counsel stated that the issue had been overflogged. He cited the latest decision of the Apex Court which applied in the case of Abubakar Audu and Ibrahim Idris in Kogi State, and submitted that it was no longer acceptable to allow the issue of indictment to be used as apolitical weapon to persecute opponents.

It will also be recalled that the opposition had equally challenged the electoral victory of five members of the State House of Assembly, who had also won their election on the platform of the PDP.

Just few weeks ago, the Election Petition Tribunal in its judgment upheld the election of the lawmakers, hinging its decision on the inability of the petitioners to establish beyond reasonable doubts, their claim of electoral malpractices.

The decision of the tribunal to uphold the election of the lawmakers from Ogbomosoland, was said to have thrown the camp of the governor into frenzy.

The election of the governor and that of the lawmakers took place the same day. Governor Akala was said to have scored almost the same number of votes with the lawmakers during the election which took place simultaneously, and if the election of the lawmakers could be upheld by the tribunal, then Akala, whose election victory in Ogbomosholand is being challenged, according to his camp, has no cause to worry.They had declared that,”with reference to the members of the House of Assembly, so far, the PDP had won over 80 percent of the petitions in the state. We believe that our lawyers have canvassed and submitted impregnable evidences and any hope by the petitioners can only be forlorn.”

The Ogbomosho situation was even mentioned during the Presidential Tribunal judgement which stated that the issue of violence in Ogbomosholand as claimed by the petitioners was a criminal offence which needed to be proved beyond reasonable doubt.The development, the Supreme Court declared, was not even strong enough to invalidate the election that took place in the area.

But the Ajimobi camp was quick to point out that what happened at the House of Assembly Tribunal should not be equated with what would be the likely outcome of the governorship poll.They contended that different lawyers handled the two cases and their manner of argument, presentation of fact and prayers were definitely not the same.

The outcome of the petition as regards the office of the governor would be be a different ball game.

“We are optimistic that the outcome will be in our favour,”they assured.

Akin to the alleged electoral malpractices in Ogbomosholand is the alleged indictment of the governor by a panel of inquiry set up by the former governor, Rasheed Ladoja. On this issue, the Akala group believes that it is a common knowledge that the Supreme Court had settled the matter, and that was the basis on which the presidential candidate of the Action Congress (AC) Alhaji Atiku Abubakar, was allowed to contest the election, after the Supreme Court held that no panel report without a legal stamp could stop anyone from contesting.

Ajimobi’s camp, however, posited that abinitio,Akala, as the then deputy governor had been indicted by the report of an administrative panel of inquiry and was not fit to have contested.

The alleged dismissal of Governor Akala by the Federal Government as a police officer was also an issue. The opposition had presented a photocopy letter purportedly signed by the police authority as a proof that the governor was dismissed from service or compulsorily forced to retire as claimed by the petitioners. But the governor as at today is said to be a pensioner, a status, his camp argue,he would not have enjoyed if the claims by the petitioners were authentic.

However, when the tribunal demanded for a True Certified Copy of the document, the petitioner presented, they were not forthcoming despite the time frame given thepetitioner by the tribunal to present a True Certified Copy.

On this, the Ajimobi’s camp said Akala influenced the none presentation of the copy at the tribunal because of his link in the police, declaring that that will not in any way affect or hinder the delivery of justice in their favour.

The Oyo State governorship tussle and its verdict would tomorrow provide a classic platform with which future electoral challenges at the tribunals would find very difficult to ignore.With all the arguments for and against, it is certain that it is only the tribunal that will decide who wins and who loses.

As the contending parties converge tomorrow on the hallowed chambers of the tribunal, the pendulum of victory and failure is already staring the actors in the face.

whichever way it goes,the other losing side will still go to the final court but i guess it ll be more of a psychological thing tmorrow and might also give an insight into what ll happen in the final analysis so gongo aso tmorrow

It even being aired/shown live on the NTA and because
With the way things are going, I don't think Ajimobi would win the case, courtesy of Adedibu's handiwork

what a verdict?

Any hope for Oyo State and Nigeria again? I just hope that the wind of change of the judiciary would blow all over the State

could anyone share the verdict if it has been given?some of us dont have because or nta thanks

Acccording to a sister thread Akala has been confirmed as Governor. We look forward to the finals at the Supreme Court.

Crownvilla:

Acccording to a sister thread Akala has been confirmed as Governor. We look forward to the finals at the Supreme Court.

field-marshall adedibu,you have done it again kudos to you, naija we hail thee