Timothy Ajiboye and Mebrim Uchechukwu in Abuja
29 February 2008
Lokoja — DESPITE has come the way of former Speaker, Kogi State House of Assembly, Hon. Clarence Olafemi, as Court of Appeal in Abuja yesterday set aside the judgment of the state election petition tribunal which had earlier, voided his election.
Olafemi is currently the acting governor of the state following the affirmation of the tribunal's nullification of the election of the state governor, Ibrahim Idris by the Court of Appeal, two weeks ago.
Daily Champion recalls that the speaker's election was last year year quashed by the tribunal which said that the April 14 poll that threw him up as the representative of Mopa Muro constituency was fraught with irregularities.
There was wild celebration in Lokoja and the speaker's constituency immediately the court's verdict was announced.
The three member Panel of the appeal court led by Justice Olufumilayo Adekeye in upholding his election, noted that that the tribunal that heard the matter in the state failed to submit the required proof of the allegation of criminality which formed the bed rock of the petition.
The court noted that even Independent National Electoral Commission (INEC) was shut out as well as several people who were classified as thugs when they were not joined as parties in the petition.
Besides, the appellate court observed that the tribunal erred when it excluded vital documents that were necessary to the determination of the matter like: statement of result of Baptist Primary School, Effo Amuro where Olafemi attended school and the summary of the result of the entire constituency.
Advancing more reasons why the decision of the Kogi Election Petition Tribunal was quashed, the court noted that the petitioner failed to establish evidence that there was disenfranchisement of voters adding that justice was thrown over board by their strict and rigid adherence to rules of the court/practice direction and that the allegations could not have been determined without joining INEC to file their reply.
The court noted that the leave for enlargement of time which INEC sought as to defend allegations, was refused by the tribunal in the name of strict adherence to the rules of the court and practice direction, stressing such amounted to a denial of fair hearing and a breach of procedure.
Based on the foregoing, the tribunal declared that the judgment of the tribunal was null and void and of no effect whatsoever and consequently pronounced the Speaker winner of the April 14 National Assembly Elections for the Mopa Muro Federal Constituency of Kogi State.
Responding, counsel to Olafemi, Pius Akubo (SAN) told newsmen that the victory of his client was well deserved and that there would not have been a case of retrial at the Kogi tribunal because according to him, it would amount to making it possible for the petitioner to have a second bite at the cherry.
Meanwhile, some supporters of the Abereoram Ben Ayo Olafemi's opponent said that they would take the decision of the court in good fate and that judgment could be either way naturally.
Olafemi then commended the judiciary for upholding the rule of law by dismissing the verdict of the tribunal.
However, state chairman of Action Congress, (AC), Hon Mike Adeleye, described the judgment as a rape on democracy, stating that as the judgment of the Court of Appeal is final in election matters they have taken the verdict in good faith.
Adeleye however urged the party supporters to be calm and focus their resources for the forthcoming March 29th governorship election, stressing, "by the grace of God, light will over shadow the force of darkness."
Also reacting, state chairman of Peoples Democratic Party (PDP), Chief John Odawn, commended the judiciary for dismissing the verdict of the tribunal, noting that with the judgment of the the court, in their favour, the party was now well positioned to reclaim the governorship mandate in the forthcoming governorship election.
In his reaction, the comrade Abereoran the AC candidate for Mopa-Muro constituency, said he was not pleased with the judgment of the court, stressing, however that as a man who believes in God, he had accepted the verdict in good faith.
"I have accepted the verdict in good faith, the Court of Appeal is the final, so my plan now is to charge my supporters to support the alliance between ANPP and AC by voting for Prince Abubakar Audu in the fresh poll," said.
As at the time of filling in this report, chieftains and supporters of PDP were still trooping to government House to celebrate the victory of the acting governor.
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