Funso Muraina and Wole Ayodele
29 February 2008
Abuja — The Court of Appeal, Abuja yesterday upheld the election of the Acting Governor of Kogi State, Chief Clarence Olafemi, as the validly elected person representing Mopamuro constituency in the state assembly.
Olafemi, the Speaker of the State House of Assembly, was sworn in as acting governor following the February 6 nullification of the election of the former governor of the state, Alhaji Ibrahim Idris. Responding to the judgment, Olafemi said he had been vindicated by the court. Also yesterday, his opponent and Action Congress (AC) candidate, Comrade Ben Ayo Abereoran, said he would take the judgment in good faith and that it would not affect his confidence in the judiciary and the country's democracy.
Lokoja, the state capital, particularly the state House of Assembly, erupted in wild jubilation yesterday following Olafemi's victory at the appellate court. The appellate court's unanimous judgment set aside the decision of the state election petitions tribunal, which had nullified Olafemi's election and ordered a fresh poll in the constituency following Abereoran's petition.
In the lead judgment delivered by Justice Olufunmilola Adekeye, the court held that the Action Congress candidate, Abereoran, who petitioned against the return of Olafemi, failed to prove beyond reasonable doubt that the election was rigged in favour of the declared winner. Adekeye said allegations that Olafemi and his party, Peoples Democratic Party (PDP), used political thugs to scare away voters, snatch and stuff ballot boxes with thumb-printed voters' cards in their favour were not substantiated before the tribunal.
"The petitioner failed to show the direct nexus between the perpetrators of this thuggery acts and the declared winner," she said. "Samples of ballot papers allegedly thumb-printed by the thugs, the stuffed ballot boxes, unsigned and unstamped ballot papers were not tendered in evidence by the petitioners," she added. "Those who were allegedly disenfranchised by the thugs and independent witnesses of the alleged riggings were also not invited to testify," she said further. The appellate court also held that the tribunal rejected vital documents like the statements of results from the ward and the final collated results tendered by INEC to defend the petition.
The court further held that the tribunal failed to examine the facts placed before it which resulted in miscarriage of justice. "INEC was not given fair hearing by the tribunal, officials of the commission accused of abetting rigging in favour of the declared winner were not invited to give their defence," she said. Besides, the court held that the complaint of non-compliance with the provisions of the Electoral Act which the petitioner alleged was not substantiated to the extent that it affected the results of the poll.
The panel upheld the appeal filed by Olafemi to challenge the decision of the tribunal and held that appellant remained the winner of the April 14 2007 polls in the constituency. Speaking through his Special Adviser, Media and Public Affairs, Mr. Kola Toluhi, after the news of the judgment filtered into Lokoja, Olafemi said if the judgment had been otherwise, it would have caused an unnecessary reaction, which the state can ill afford at this period In time.
"You will recall that moments after the lower tribunal sitting in Lokoja annulled the election, we stated that we have absolute confidence and faith in the judiciary. We did emphasise that we'll be vindicated by the same judiciary and the good people of Mopamuro have been further vindicated. "We dedicate this victory to the people of Kogi State over whose affairs Rt. Hon. Olafemi now presides and not just the people of Mopamuro. He's grateful to God and the people who kept faith in the trying times while we waited for this landmark judgment. If otherwise has been the case, it would have caused an unnecessary reaction which Kogi State can ill afford this around," he said.
Abereoran, who spoke with THISDAY over the telephone after the judgment, said he had taken the judgment in good faith saying the outcome of the appeal would not diminish his confidence in the judiciary.
According to him, "I've taken the judgment in good faith. The judgment would not diminish my confidence in the judiciary as they have been doing a wonderful job. I thank all my supporters and all the people who stood by me in the trying moments and I implore them to take the outcome in good faith also." Members of the assembly arrived the assembly complex early and went into jubilation instantly the news crept in that Olafemi's election had been upheld. The Deputy Speaker, Hon. Aduku Ojodale, who has been presiding over the House since Olafemi was inaugurated as acting governor could not hide his joy at the verdict. Addressing journalists at the assembly complex, Ojodale said: "The mood in the House today is that of happiness and our joy knew no bounds. We are overwhelmed with joy with this judgment of the Appeal Court which upturned the judgment of the tribunal.
"The judgment has helped to put down the tension, acrimony and ill-wind that have been blowing in the House in recent past which was being hatched and executed by our detractors. I think that has been put to rest." Ojodale stated further: "The ill-wind has been blowing everywhere. They succeeded in sending my governor packing and they wanted to send my Speaker packing too but thank God the Speaker is not going anywhere. It has brought a lot of tension to the House but we thank God we have been able to handle everything maturely and we thank God everything has been put to rest."
Also speaking, Majority leader of the House, Hon. Adamu Mohammed, thanked all the people of the state for their overwhelming support and prayers as well as their patience and maturity. The state Chairman of AC, Chief Mike Adeleye, who also spoke on phone, disclosed that the party had taken the judgment in good faith and would abide by the decision of the Court.
He, however, noted that all the antics of PDP in trying to arrest the judgment and trying to create a scenario that there would be chaos in the state might have affected the mindset of the court.
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