This Day (Lagos)
3 October 2008
It is perhaps not generally appreciated that the ability of the courts of law to ensure peace and order in society derives largely from the respect they are customarily given and the awe in which they are held by the people.
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I am suprised that an article of this sort could come from a retired Judge in this Federal Republic of Nigeria. There is an addent need to scrutinise and look into the times and resignation of Justice Aguda from the Ondo State Judiciary. On the other hand I will not overlook this as one of the sponsored write ups from the LP cohorts but it is a thing of shame if a Judge in the class of Aguda could decsend so low to write this lowly rated article that has no iota of credibility and value, personally i see it as a wasted space. Futhermore, the write up failed to substanciate the values and the module suprandi of the Appellate Court.The Appeal Court was set up because of the various points being raised by the so called Judge but unfortunately financial gains or probably frustration of being forced to retire from the judiciary at his prime time has relegated the thinking faculty of Justice Aguda and this has made him nulify and brought to nought the great importance and relevance of the Appellate Court. If the Tribunal has a final say will there be a need for the Appellatte Court? Is it not the same Constitution which sets up the Tribunal that made a provision for an appeal at the Appellate Court by any dissagreeing party to futher judicicate and justitfy their case? Will you rob anyone of his freedom of speech or expressions? The populace that came out in protest to the nulifications of their votes and voting rights have not gone too far and were still in order in the provision of the human right law. The fact that the Tribunal was faulted by individuals or groups makes a clear fact that the tribunal was made up of human beings who are prone to mistakes hence the need for an higher court responsible for the scrutinisation of the lower Tribunal Court. I dont see any sence in castigating the actions of the disefranchised groups. The Law of our land has considerably made a provision for an appeal in case any party is not pleased with the handed judgement. The Nabaruma's led Tribunal Judgement was not void of mistakes and any sane person will appeal against such judgement. For example, using Akoko North area as a case study:
The Ondo State Election Petitions Tribunal upheld the election results of only 20 units in Akoko North East Local Government Area of Ondo State. These were in Ikado I Ward 03 (8 out of the 13 units), Oorun I Ward 12 (all the 9 units) and Oyinmo Ward 13 (3 of the 9 units).
The results it upheld as shown on pages 202, 206 and 207 of its judgment, are as follows:
WARD PDP LP REFERENCE IKADO WARD 03 1,329 444 Page 202 OORUN II WARD 12 2,498 759 Page 206 OYINMO WARD 13 2,498 19 Page 207 TOTAL 6,325 1,222
The summation was as done by us and, as clearly shown, the votes upheld for the parties are:
PDP 6,325 LP 1,222
Let’s call this RESULT NUMBER 1.
On page 208 of the judgment, the Tribunal summed the same figures and somehow arrived at the following that further reduced PDP’s figure and increased LP’s:
PDP 5882 LP 1,224
Let’s call this RESULT NUMBER 2.
Due to this discrepancy I was compelled to investigate further. I have examined the Form EC8A’s in which the upheld figures were recorded directly from the polling units. The figures derived directly from the Forms are as shown in this table.
WARD PDP LP REFERENCE IKADO WARD 03 1,679 475 Pages 201/202 OORUN II WARD 12 2,498 759 Page 206 OYINMO WARD 13 1,577 19 Pages 206/2077 TOTAL 5,754 1,253 Form EC8A
From the table another result was derived which is as follows:
PDP 5,754 LP 1,253
Let’s call this RESULT NUMBER 3.
On page 603, the Tribunal then presented the summary of the results covering all the 18 Local Government Areas of the State. The summary included the percentages of the votes scored by the two parties. In the summary, the results in respect of Akoko North East Local Government Area are as follows:
PDP 3,439 21.5% LP 4,461 27.9%
Let’s call this RESULT NUMBER 4.
This RESULT NUMBER 4 result is of course a mysterious, certainly concocted, one as it is completely at variance with the Tribunal’s findings. Curiously it is the only result that put LP ahead of PDP and gave LP up to 25% of the votes in that Local Government Area. This clearly suggests a deliberate plan to work to a pre-determined goal.
We do know that to win an election, a gubernatorial candidate must score at least 25% of the votes cast in at least two-thirds of the Local Government Areas. This translates to 12 Local Government Areas in Ondo State. By the Tribunal’s judgment, Dr. Mimiko had 13 Local Government Areas. Ironically this includes Akoko North East in which the Tribunal gratuitously gave him 27.9% based on the absolutely wrong RESULT NUMBER 4. With the RESULT NUMBER 3, he would have secured just about 18%. It is of course sure that he will eventually lose out in this Local Government Area. And much more than that when the chips are down, given the overwhelming flaws in that judgment.
It is instructive of the Tribunal’s level of diligence and concentration that there are four different results for this Local Government Area. It speaks volumes that this multiplicity of results and their contradictory nature surprisingly escaped the mathematical ingenuity of the highly numerate Tribunal! Worse still, that RESULT NUMBER 4 used by it to determine the fate of the contenders simply came from nowhere!
In this same Local Government Area, the Tribunal instructively and interestingly discountenanced a total of 1764 votes in respect of three different units in Wards 03, 05 and 06 on the ground that they were (statistically?) insignificant. This represents close to 25% of the total votes for the Local Government Area. Of the 1764 votes, PDP’s share happened to be 1,671! Quite clearly, some votes can be too small to count going by this judgment. But would the Court of Appeal agree? This to me is questionable and a very good reason why so many people critiscised the judgement and I wonder what kind of eyes sight Justice Aguda has that cannot see the truth probably it's seeing too much money from the LP that has blinfolded his eyes, heart and integrity. Justice has to be done!!!
It seems to me that you yourself you a PDP member, or PDP sponsored writer. It there any lie in what he says?
I don’t see anything wrong in what the supporters of the Peoples Democratic Party from the 6 local government areas whose election results were nullified did by protesting the verdict of the Ondo State Election Petition Tribunal. They have the right to protest considering nabaruma’s antecedent in Anambra State. At the end of the day, nabaruma’s verdict was overruled by the Appeal Court.
What Justice Aguda said is the whole truth. Even OBJ himself did not obeyed the court when he was the president. for nigeria to move forward, our leaders most respect the law. Remember, no one is above the law.