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Tribunal Upholds Ajimobi’s Victory - Politics - Nairaland

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Tribunal Upholds Ajimobi’s Victory by Toonice(m): 4:37pm On Nov 11, 2011
Oyo State Governorship Election Petition Tribunal yesterday dismissed the petition filed by the Peoples Democratic Party (PDP) challenging the emergence of Senator Abiola Ajimobi as the governor of the state in the April 26 governorship election. The PDP is challenging Ajimobi on allegation of possessing dual citizenship of both Nigeria and United States of America (USA).

The judgment by the tribunal thus brought to an end the almost five month legal tussle.
While reading the judgment of the three-man panel made up of Idris Kutigi and Ebiyerin Omukoro, its Chairman, Justice Muazu AbdulKadir Pindiga, said the petition lacked merit and was speculative, while also awarding N10, 000 cost each in favour of the three respondents; Ajimobi, Action Congress of Nigeria (ACN) and Independent National Electoral Commission (INEC). The tribunal ruled that the petitioner failed to back up its claims with relevant documents, adding that it could not use its power to obtain any document, which the petitioner could not obtain.

Justice Pindiga said: “The burden of proof depends on circumstances of the case. He, who invokes the act of law, should be the first to prove it. From the above, the burden of proof depends on the plaintiff. “The governor is a citizen of Nigeria by birth and he has not renounced his citizenship of Nigeria. A person can be issued American Green Card, yet, he does not lose his citizenship of Nigeria.”
The panel maintained that it granted fair hearing to all parties in the case, while recalling that the USA consular was contacted by requesting for some documents.

“The failure to produce the documents is fatal to the presentation of this case,” the panel said. Shortly after the verdict of the tribunal, Governor Ajimobi said the victory at the election petitions tribunal was a triumph of democracy and the rule of law.

Ajimobi added that those fighting against him were fighting against God. While thanking God and the people of the state for ensuring his triumph at the tribunal, the governor noted that the judgment had further confirmed that there were men of honour in the nation’s judiciary. In a statement by his Special Adviser on Public Communications, Dr. Festus Adedayo, Ajimobi said: “First of all, we give glory to God; we glorify His holy name for guiding us; for helping us and ensuring that we are able to overcome those who planned evil against us. I think we should thank God for that.

“Secondly, the judgment only confirms that there are men of honour in the judiciary, because if we were to go by the past, probably it would have been another story,’’ he said. While further debunking the dual citizenship allegation by the PDP, the governor declared that he was not an American citizen.

“Ab initio, I was not an American citizen. Yes, I studied in America, and I was once an immigrant, and once you are an immigrant and you leave the place from six months to a year, you automatically lose that residency, which I have since lost.“Even if I were to be a dual citizen, once by birth, I am a Nigerian citizen; I’m entitled to be a governor of Oyo State. Either by birth or by naturalization, I have the right as the governor of Oyo State. And all those who don’t want me to be are fighting against God,’’ he said.

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