OSUN STATE TRIBUNAL FIASCO: the news behind TheNews

What else would look a more justified reason for the disbandment of an election tribunal? Allegations of misconducts or that of romance between the judges and a counsel representing one of the parties in the litigation?

BY
GBOYEGA BADMUS
gboyega.badmus@yahoo.com

Following the trail blazing exclusive revelations on the front cover of TheNews magazine in its Vol. 31 No. 1 dated July 14, 2008 captioned: “The scandal of the Judges: How Osun Tribunal was compromised” where an alleged romance was leveled against two judges sitting at the Osun State tribunal and the lead counsel to first respondent, Gov. Oyinlola, various individuals, groups and parties have been calling for punitive measures against the participating “villains” ant the disbandment of the First Osun State Election Tribunal.

At one hand, the Action Congress has petitioned the National Judicial Council as well as the Presidency of the Court of Appeal alleging bias, complaining about the conduct of the tribunal judges and reiterating its staunch position that the tribunal shouldn’t be allowed to deliver its verdict slated for July 15. On the other hand, Aregbesola’s counsels on July 10 filed an application at the tribunal asking the judges to “disqualify and/or rescue themselves from further sitting to adjudicate on this petition and from delivering judgment”

But then, how about a prolegomena to have a better understanding of the set up of the tribunal which is now very much on the brink of precipice?

After the INEC returned Olagunsoye Oyinlola of PDP for a second term in office as governor of Osun state after being declared winner of the April 2007 gubernatorial election, Engr. Rauf Aregbesola – the flagbearer of the Action Congress in the race, filed a petition against the declaration, challenging both the INEC and Oyinlola to court to answer questions of ‘Gross electoral malpractices’. In response to this, the President of the Court of Appeal named Justices Thomas Naron, Sa’adu Mohammed, Joy Akpughunum, A. T. Badamasi and J.E. Ekanem to preside over the election tribunal in the state, similar to ways obtained in virtually all other states in the nation over the April 2007 elections which pundits described as ‘the greatest electoral heist in history’.

However, the setting up of a tribunal wasn’t the only aftermath of the election in Osun state. A spate of violence engulfed major parts of the state in the post-election period culminating to the car bombing at the state secretariat and the fire outbreak which consumed the Owa Obokun palace in Ilesha. The security of the incumbent governor was not guaranteed, less that of the people. The wrath of whoever was associated with these crimes and vandalism was over the victory of the PDP in the concluded gubernatorial race.

But whereas Governor Oyinlola was effecting calm to the terror unleashed and admonishing the police chiefs in the states of ineffective response to their duties, his political opponent of the AC, Engr. Aregbesola was fugacious; hiding in Lagos under the scheming of his former boss, claiming death threats to his life by his proclaimed No. 1 adversary (Oyinlola). Of course the intent was to dissuade the public and the press that he had no hand in the brigandage in Osun state. The game plan was ‘Sympathy’ which he dutifully got – becoming the victim instead of the assailant.

But the question remains to whose ‘merit’ would it be if law and order were broken down in the state?

Meanwhile, just as the dusts of these violence were dissipating, the five-man tribunal began sitting, looking into the petitions brought before it by the AC flag-bearer. Aregbesola’s camp came up with the master plan of favoring thje verdict their way through the use of forensic tests to prove that the disputed election was marred with mass rigging. Aregbesola had brought in a foreign forensic expert, Adrian Forty, a Briton to conduct the test. His basic analysis: “that 41% of the 224, 695 votes analysed (out of a total of 426, 669 INEC credited to Oyinlola) was fraudulently obtained and 113, 311 of Oyinlola’s votes analysed from 10 local government areas were from illegal ballot boxes not supplied by INEC.”

It was a testimony which was believed would leave the AC triumphant at the end of the day but to their utmost chagrin, the tribunal dealt their masterplan a cruel blow by striking it out based on technicalities, though the same tribunal had earlier approved the use of the forensic examination.

Aregbesola’s counsels contended this, afraid their grand scheme was being brought to nought. On the 29th of February 2008, they petitioned the Chief Justice of the Federation, National Judicial Council and the Nigerian Bar Association, but till present no action has been taken against the ruling. If the refusal of the forensic results by the tribunal had fallen outside the confines of the law, the higher authorities/bodies woild have had no option than to grant the prayer of the party for disbandment. At least that should be what basic sense suggests.

Therefore, before now, the fuss about perceived injustice and premeditated decisions being meted out by the tribunal was triggered by an annihilated scheme, not the conducts of the justices. It has been since this ruling that Aregbesola and his cohorts have been contumacious with the Osun Poll Tribunal, as with Oyinlola’s administration. Besides, the Action Congress cannot avail itself of not participating in the irregularities of the April 2007 gubernatorial election, hence its cry for vindication at the election tribunal comes with such impudence.

Sensing that victory was swinging to governor Oyinlola’s side, Aregbesola’s camp knew they had to cook up something drastic to forestall this. “Plan B” became an urgent necessity – destruction of the integrity of the tribunal!

Afterwards, TheNEWS magazine came out with the steamy hot story alleging romance between some justices and Oyinlola’s counsel, Mr. Kunle Kalejaiye (SAN). The magazine went ahead to make public part of call logs of Kalejaiye’s line: 08034062075 which revealed that a copious number of voice calls and SMS were exchanged between him (Kalejaiye) and a “Damar Naron”, reportedly identified by the magazine as Thomas Naron, chairman of the First Osun State Election Tribunal. The magazine, through a statement signed on July 9 by its editor-in-chief, boasted of the veracity of its evidence, daring to take up litigations against anybody who says otherwise.

Where TheNews magazine is being commended for good investigative journalism in the past one week, there seems to be oblivion of certain reasoning concerning the reports. For instance, it released a call log of incoming calls to Kalejaiye’s line between the time period of 13:47:39 2008-04-07 and 11:34:32 2008-04-08, showing analysis of all voice calls and SMS received by the lawyer on his line. But why is it that everywhere the name “Damar Naron” appeared under the heading ‘subscriber name’, there were no corresponding information under the headinds: ‘Base Origin’, ‘Base Station Originating.Base Station City’, ‘Base Station Terminating’ and ‘Site Name’? Is it that Damar Naron’s calls were stealthy, or is it a basis of conspiracy of deluding the public from the truth?

“Kalejaiye is a Senior Advocate of Nigeria, and he needs not be schooled on the ethical seediness of any scintilla of contact between a judge and the counsel without the opposing counsel being present.”

This is a quoting from the editorial comment of The Nation newspaper of Thursday July 10, 2008. In contrast to this quotation, if the lawyer had chosen to ignore the pronounced ethics of his profession would he have gone about it using his “most preferred line” one of the two phone numbers boldly written on his call cards and “through which most friends and professional colleagues communicate with him” to perpetrate such impropriety? Even when Naron, as reported by the magazine, switched from his 08037035105 line to 08073160354, would the Senior Advocate be so insipient as to still sheepishly stick to his “most preferred line” in making and receiving the Justices’ calls? Would he be that stupid? Every con wannabes know the importance of being discreet with identity, not to talk of someone of eminent personality.

Would it be surprising to subscribe to the fact that the entire report has contained in TheNews magazine is a set-up from ethe onset? I think not. The call logs are well-woven statistical details meant to discredit th integrity of the parties concerned and disband the election tribunal altogether. It is no tidings that Aregbesola’s camp is bent on halting the proceedings of the tribunal, obviously discerning which side of the contending parties the pendulum of justice is swinging. But must it be at this great a stake?

Anyone with a basic knowledge of sound engineering or audio streaming would know that call logs can be simulated and calls well synchronized. An infiltrated call log of the nature which the news magazine holds dear in its custody is easier obtainable from an insider with MTN Nigeria and a mole of Engr. Rauf Aregbesola. Yes, a mole! Not even the communication giant company can boast of impregnable security when it comes to power tussle were sabotage and conspiracies are means of attaining desired goals.

And in the advent of the case going to court well-doctored voice copies of the parties involved will be placed alongside the call logs as veritable evidence which will seem original whereas they are not. There are many versions of audio-streaming technologies available (latest versions of which are at my disposal) which can synchronize another’s voice without error and also perform digital configuration of desired telephone numbers to make them appear calling from any desired locations. Technology is ad finitum!

My disconcertion here however is to whether TheNews magazine is a corroborator in this conspiracy engineered by the Engineer, knowing fully well that the magazine has an axe to grind with Mr. Kunle Kalejaiye (SAN), or were just possibly spoon-fed by “their” undisclosed source with doled-out doses of cut-and-dried information. But whatever be the case, the choice of TheNews magazine being the medium to mirror out this conspiracy well articulated by the Aregbesola’s camp wasn’t a mistake. A quick permutation inclines that the source is also the mole and underscore the fact that men are capable of anything.

abeg let the guy go and sit down,the main issue is the fact that there was a connection between the respondents lawyer and the judge,forget about anything else that has happened in the past or will happen in the future,the right thing to do is disband the tribunial and set up a new and impartial replacement.
there has been a precedence with the justices disciplined before so let oyinlola go and sit down,he is not the first governor that will lose so why is he making it a do or die affair,david mark was a general like him yet he is not sending thugs around or doing a do or die,same as other generals so whats his problem

Poster

Where is the link?

ok, so what do we do to know what conspiracy theory?