Adibe Emenyonu
12 November 2008
Benin — Professor Oserheimen Osunbor has become the first governor to be unseated through an election petition since the controversial 2007 general election.
Unlike Chief Andy Uba (Anambra) and Chief Celestine Omehia (Rivers) who lost their positions at the Supreme Court owing to constitutional issues, Osunbor yesterday lost his appeal against the petition filed by Comrade Adams Aliyu Oshiomhole (Action Congress), his opponent in the April 14, 2007 governorship election in Edo State.
It was wild jubilation in Benin City, the Edo State capital, as the Court of Appeal affirmed the decision of the lower tribunal which had earlier declared Oshiomhole as the winner of the election.
The historic judgment of the court ended the one and a half-year-old government of Prof. Osunbor.
After the judgment was delivered, thousands of people who defied the restriction movement order placed by the government stormed the streets of Benin celebration as soon as the court made its pronouncement in the judgment broadcast live by the Nigeria Television Authority (NTA), African Independent Television (AIT) and other television stations.
While delivering the unanimous judgment, President of the Court of Appeal, Justice Umaru Abdullahi, dismissed all the grounds of appeal filed by Osunbor, describing them as "lacking in merit".
Upholding the decision of the lower tribunal which declared Oshiomhole as the elected Governor of Edo State, having scored the highest lawful votes in the election, the Appeal Court held that the AC governorship candidate satisfied the electoral requirements to be so declared, having scored at least 25 per cent of the votes in two-thirds of the local government.
"Oshiomhole is hereby declared Governor of Edo State," Justice Abdullahi said, and ordered the withdrawal of the Certificate of Return issued to Osunbor, just as he also ordered the "immediate" swearing-in of Oshiomhole.
The court, while reviewing the decision of the lower tribunal, disagreed with the appellant's submission that the tribunal was wrong in annulling their votes in some local governments during the recount of some votes during the hearing of Oshiomhole's petition.
It held that the lower tribunal did not annul votes, but merely cancelled voided votes, and that the tribunal was right to have relied on the documentary evidence provided by INEC to arrive at its decision in determining the winner of the election.
"The most reliable evidence is documentary evidence, the tribunal was right to have relied on documents provided by INEC," Abdullahi said.
The Appeal Court also upheld the decision of the lower tribunal in all the points canvassed, and held that the allegations of multiple registration and voting were proved beyond reasonable doubts by the respondents (Oshiomhole and AC).
"Multiple registrations and voting were not only proved, but proved beyond reasonable doubt. The tribunal was therefore right to hold same," the court held.
Just after the court affirmed the decision of the lower tribunal, tears rolled down Oshiomhole's cheeks.
Earlier, the court had dismissed all the five grounds of interlocutory appeal filed by Osunbor, the PDP and INEC, challenging the ruling of the lower tribunal in an earlier preliminary objection raised by them.
Soon after the judgment was delivered, Chief Wole Olanipekun (SAN), lead counsel to Oshiomhole, applauded the efforts of the judges and said: "This is not a case of winner or loser".
On his part, AC's lead counsel, Mr. Ricky Tarfa (SAN), said: "The industry demonstrated by the judges will go a long way to strengthen democracy in Nigeria."
Also reacting, Osunbor's lead lawyer, Chief Lateef fagbemi (SAN), commended the Judges for straining themselves in hearing and deciding the case in record time. "We thank you. You don't win all the time. We have lost today," he said
The PDP lead counsel, Chief Ighdalo Imadegbelo, urged Nigerians to respect the rule of law, adding: "We respect the judgment".
Reacting to the comments of the counsel, Justice Abdullahi described the case as of the best he has handled and commended them (counsel) for their industry, saying: "I think this one is one of the best cases I have taken."
He urged lawyers to continue to be industrious as judges rely on them to develop the law.
Immediately after the Court of Appeal pronounced Oshiomhole as winner, he described his victory as "victory for democracy, for the judiciary and for the rule of law".
Meanwhile, Osunbor conceded victory, saying he received the judgment with mixed feelings. He described it as victory for the rule of law.
"As a believer in the rule of law and as a lawyer, we accept the verdict in good faith.
"In my few months in office, we did our best in office and left no one in doubt that my purpose in office was to deliver Edo State from the shackles of underdevelopment.
"My action and development strides are eloquent testimonies to make the difference in the minds of the people."
While congratulating Oshio-mhole for his victory, he urged him to do his utmost to promote the interest of the people and the people.
Also, Oshiomole, who is expected to be sworn in today by 10am at the Samuel Ogbemudia Stadium, Benin City, promised to repay the people of Edo State with good governance.
While speaking with newsmen at the Court of Appeal, he said: "The people will come first in all our calculations. Today, the truth has prevailed. For the first time, we prayed to God, he has used me. Edo State people are greater than any political party."
When asked how he would cope with a House of Assembly dominated by PDP, Oshiomhole replied that he would run an all-inclusive government.
Also in his reaction to the judgment, the Otaru of Auchi, Hybrid Momoh, Ikelebe III, said; "We thank Almighty Allah for his kindness and mercy. The judgment of the court is divine. The court has done its duty as the arbiter of the common man by doing justice to this case. We will continue to response confidence on the judiciary."
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