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Nigeria: Tribunal Declares Mimiko Ondo Governor-Elect

James Sowole

26 July 2008

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Akure And Chuks Okocha in Abuja — After almost 15 months of legal fireworks, the Election Petitions Tribunal sitting in Akure, Ondo State yesterday declared Dr. Rahman Olusegun Mimiko, the Labour Party gubernatorial candidate in the April 14, 2007 election as winner of the poll in the state.

Mimiko had filed a petition against the declaration of Dr. Olusegun Agagu of the Peoples Democratic Party (PDP) as winner of the election by the Independent National electoral Commission (INEC).

Minutes after the judgement was delivered, the Labour Party candidate attributed his victory to divine intervention and the determination of the people of the state for a change.

Also yesterday, Lagos lawyer and human rights activist, Chief Gani Fawehinmi described Mimiko's victory at the tribunal as "cast-iron victory for truth."

The tribunal in the unanimous judgment read by its chairman, Justice Garba Nabaruma, held that Mimiko scored the majority of lawful votes cast during the election as claimed by him in the petition.

Justice Nabaruma said the panel went through all the oral and documentary evidence tendered by counsels to both the petitioner and the respondents to back their allegations and defence.

The judge said based on the findings of the panel, the election of the contested wards of Akoko North-East, one out of 10 wards of Ose, four wards of Ile-Oluji/Okeigbo, five wards of the eleven wards of Odigbo and some wards of Akure North had been nullified.

For Ese-Odo and Okitipupa local governments, the tribunal upheld the election in one out of ten wards and two out of 12 wards respectively, while the entire results of Ilaje and Irele local government were nullified "because the exercises were not conducted under an atmosphere that can ensure free and fair election."

Nabaruma said there were no disputes on the results of the election in areas not mentioned by Mimiko in his petition meaning that the results of the exercise was accepted by all parties.

He said the petitioner proved his case beyond reasonable doubt and that there were malpractices in almost all the areas listed in his petition.

Giving the summary of the lawful votes scored by the petitioner and the first respondent (Agagu) in all the 18 local government areas of the state, Nabaruma said the Labour Party scored 198,269 and PDP 128,669.

The judge said the lawful results of the poll indicated that the petitioner scored 25 per cent of the total votes cast in 13 out of the 18 local governments while Agagu scored at least 25 per cent in nine local governments.

The tribunal therefore nullified the return of Agagu as the winner of the April 14, 2007 Election by the Independent National Electoral Commission (INEC) and consequently declared Mimiko as the winner of the poll.

An elated Mimiko said his victory was not unexpected because he and his team worked well. He ascribed it to "divine intervention which prevented what the opposition had planned."

While lauding the judiciary for a job well done, he said members of the tribunal lived above board because all efforts by the respondents to reach out to them and influence the outcome were frustrated.

He said the people of the state had expressed their desire for a change by voting for the LP during the election, but the desperation of the PDP and their candidates led to the rigging and other malpractices.

Mimiko said the entire people of the state and the legal team that presented the matter did a very good job that earned him the victory, saying the matter was pursued with the same vigour, which they used in pursuing the matter at the tribunal.

Mimiko had in his petition filed on May 14, 2007 alleged that the exercise which purportedly returned Agagu as the governor of the state for the second term was fraught with malpractices in some wards while what transpired in some other wards could not be described as election.

When told by the lead counsel of Mimiko, Chief Wole Olanipekun, to order INEC to issue Certificate of Return to his client, Nabaruma said he had reflected that in the judgement.

"We are satisfied. The judges are like God on earth and they are not expected to do anything than to uphold the truth. Once again the judiciary has proved itself to be the last hope of the common man," Olanipekun said.

Agagu noted after the judgement: "We have accepted the verdict of the panel. We have however briefed our lawyers. We have taken a decision that we shall go to Appeal Court. The party will also appeal. We have 21 days to do this. The battle is still on. We will go from here to the Court of Appeal, the higher court that will adjudicate on the matter."

The governor appealed to the people of the state to remain calm and go about their duties peacefully in a manner that they were noted for.

He promised that the decision of the court would not slow down the resolve of the administration to continue with the development of the state.

Gani in a press statement said the judgement was a clear-cut expression of the electoral wishes of the Ondo State people.

"I congratulate all the members of the Election Petition Tribunal for their courage and honesty which are the pillars and hallmarks of the rule of law."

Meanwhile, Akure, the state capital remained calm as streets were deserted. No commercial activities took place while both regular and mobile policemen were patrolling the streets. Due to presence of heavy security men, people celebrated moderately for fear of arrest.

The PDP leadership in Abuja said it was shocked and disappointed by the judgement of the tribunal.

In a statement by the National Publicity Secretary of the party, Prof. Ahmed Rufai Alkali, PDP said, "We appeal to the good people of Ondo State to remain calm and law abiding as we have implicit confidence in the ability of the judiciary to right the wrongs of this judgement."

Also yesterday, the Conference of Nigeria Political Parties (CNPP) congratulated the Labour Party for its victory at the Ondo State Election Tribunal.

According to a statement signed by CNPP National Publicity Secretary, Osita Okechukwu, the coalition of the opposition parties said, "We also congratulate the Ondo State Election petition panel for upholding the rule of law, thus deepening democracy."

Lagos State Governor, Mr. Babatunde Fashola described Mimiko's victory as an indication that the judicial institution would continue to breed hope and that the rule of law was the best mechanism for resolving disputes as human beings rather than rule of force.

Fashola said: "The judgment remains binding as the findings of a competently established tribunal and a re-affirmation of the credibility of the judicial institution as a necessary platform for balance and justice in a democracy."

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