Leon Usigbe, Henry Umoru, Emmanuel Aziken, Simon Ebegbulem, Gabriel Enogholase, Bukola Ojeme and Ola a
12 November 2008
THE long-drawn battle for the Edo State governorship seat ended yesterday in favour of the Action Congress (AC) candidate, Mr. Adams Aliyu Oshiomhole, after the Court of Appeal sitting in Benin upheld the verdict of the State Election Petition Tribunal that the immediate past president of the Nigeria Labour Congress (NLC) won the April 2007 election in the race.
A tearful Oshimohole reacting to the verdict declared: "We are happy today (yesterday) because truth, no matter how long it took, has prevailed. As you can see, tough times do not last, but tough men do. I know what we have gone through, but I am happy that I have been able to fulfil what I promised Edo people that we will defend.
"Today (yesterday) the votes have counted. For the first time the rights of Edo people have counted.
As the Appeal Court headed by Justice Umaru Abdullahi concluded its verdict which was broadcast live on television, Edo residents defied the restriction order imposed by the police and poured into the streets in their thousands celebrating the confirmation of Mr. Oshimohole as governor.
Five persons were feared dead while celebrating the victory of Comrade Oshiomhole. Two died on Sapele road after a car hit them as they were celebrating along the road while two men who were celebrating atop a moving trailer on Ikpoba Hill lost their lives after they fell off from the trailer.
Vanguard learnt that the fifth victim, a commercial motorcyclist, lost his life at Upper Sakpoba road after he ran into a ditch while celebrating the victory.
Professor Oserheimen Osunbor who was ousted as governor welcomed the verdict which he described as a victory for the rule of law. He was not in court, but Oshiomhole was.
As the court confirmed him as governor, his lawyers and supporters hugged and congratulated him.
He remain composed all the while.
Professor Osunbor had been declared winner of the election by the Independent National Electoral Commission (INEC) but Mr. Oshimohole disputed the decision and went to the State Election Petition Tribunal which voided Osunbor's election and declared Oshimohole as governor.
Osunbor, dissatisfied with the verdict, appealed against it.
But ruling on the appeal yesterday, the appellate court said the issues raised by Professor Osunbor lacked merit.
It ordered INEC to immediately withdraw the certificate of return already issued to Professor Osunbor and hand it over to Oshiomhole.
"Comrade Oshiomhole who was declared as winner of the April 14, 2007 Governorship election having polled the highest valued votes is hereby declared the winner of the election as ruled by the lower court.
The certificate of return issued to Professor Osunbor is hereby withdrawn and issued to Oshiomohle as the Governor-elect of the Edo State," Justice Abdulahi ordered.
The court also dismissed the interlocutory appeal filed by Prof Osunbor, PDP and INEC, bordering on signatory to the petition of Oshiomhole at the lower tribunal.
It held that the decision of the tribunal in dismissing the motion on the issue of signature was right, and affirmed the decision of the lower tribunal that the era of justice by technicalities was gone forever in Nigeria.
The appellate court subsumed the 82 grounds of appeal filed by Osunbor into four areas for determination.
On the issue of whether INEC officials should have been joined as witnesses by the respondents, the appellate court dismissed it, saying that had already been dealt with in the interlocutory appeal filed by the appellants.
On whether the tribunal was right to have used Mr Kayode Olawale, INEC's Director of Operations in Edo State evidence to arrive at its decision, the court held that the lower tribunal was right and resolved in favour of the respondents.
It also held that the decision of the tribunal that East-West Local Government as spelt out in the petitioner's petition was a typographical error that could be corrected by the oral application.
Ruling on the use of charts A-O for the final determination of results of the election by the lower tribunal, the appellate court said that the views of the tribunal was right to have relied on the chart. It added that the appellant never challenged the computation done by the respondents.
Commenting on the allegation of the cancellation of the elections in Akoko Edo and Etsako Central Local Government Areas, by the former Resident Electoral Commissioner, Alhaji Abubakar Muhammadu, the Court of Appeal held that the respondent's case was threatened by documentary evidence, adding that the standard of proof required in election guidelines (petition) was clearly stated.
On whether Oshiomhole got ¼ of the votes cast in 12 of the Local Government Areas of the state, the court affirmed the decision of the lower tribunal.
Lead counsel to Oshiomhole, Chief Wole Olanipekun (SAN), while appreciating the judgment, said: "This is not a case of winner or loser. I praise my colleagues on the other side of the divide."
For Mr Ricky Tarfa (SAN), lead counsel to AC, he said: "The industry demonstrated by the judges will go down a long way to strengthen democracy in Nigeria."
In his response, Chief Lateef Fagbemi, counsel to Prof. Osunbor, thanked the judges for straining themselves for hearing and deciding the case in a record time. Counsel to the PDP, Mr Ighodalo Imadegbelo (SAN), said: "Nigerians should respect the rule of law. We should respect the judgment."
In a swift reaction, Oshiomohle with tears of joy running down his cheeks, told newsmen: "We are happy today because the truth, no matter how long it took, has prevailed. As you can see, tough times do not last but tough men do. I know what we have gone through but I am happy that I have been able to fulfill what I promised Edo people that we will defend. Today the votes have counted, for the first time the rights of Edo people have counted.
"This is an attempt to say that this government was as a result of our ballot papers and we thank Justice Abdulahi and his colleagues who handled the case. We thank the judges at the election tribunal and we thank all the Nigerian people who have been praying for us, and to them we dedicate this victory to the people of the state and Nigeria."
INEC vows to sanction guilty officials
The Independent National Electoral Commission(INEC) vowed to investigate and bring to book, any member of its staff found to be responsible for the wrong computation of the Edo State gubernatorial result in favour of former Governor Oserheimen Osunbor.
National Commissioner and Chairman, Legal Services and Clearance Committee, Mr Victor Chukwuani, in a statement said INEC would study the judgment with a view to making amends in observed lapses for future elections.
His words: "The Commission will study the judgment as soon as it is received with a view to identifying the lapses observed and correcting same in future elections.
"The Court of Appeal reviewed the facts leading to the petition and found that the computation of the results of the election was wrong. The court, therefore, affirmed the judgment of the lower tribunal.
"In view of the basis on which Osunbor's election was upturned, INEC intends to investigate the source of the said error in the election result to determine if there was wilful negligence or mischief."
It vowed that any person or staff of the Commission found to have taken part in the act would be punished, saying: "Any such laxity will not go unpunished."
It further described the judgment of the Appeal Court, as "a demonstration of the ideals of democracy founded on the principles of justice.
"The Courts and tribunals provide avenues for persons aggrieved by the decisions of the Independent National Electoral Commission to air their grievances," the statement added.
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