Election Tribunal: Amosun’s fate hangs in the balance

As the Justice Henry Olusiyi Governorship Election Petition Tribunal in Ogun State gets set to deliver its judgment on the petition against the election of Governor IbikunleAmosun, the All Progressives Congress in the state is jittery of losing the case. OKUNADE ADEKUNLE reports

Ogun State Governor, Senator IbikunleAmosun is not sure of his continued stay in office as the Governorship Election Petition Tribunal gets set to deliver judgment in the petition challenging his election August 10. The tribunal is led by Justice Henry Olusiyi.

The Ogun State governor whose victory at the April 11 governorship poll in the state is being challenged by the Peoples Democratic Party(PDP) governorship candidate, Mr. GboyegaNasirIsiaka, have been experiencing a tough challenge at the tribunal as he has repeatedly failed to convince the tribunal to discard the petition for lack of merit.

It is important to state that Amosun’s victory was not only challenged by the PDP but was as well challenged by the Mega Progressives Peoples Party(MPPP), on the basis that their candidate and party wasunlawfully excluded from the governorship election by the Independent National Electoral Commission (INEC). The MPPP through its counsel KayodeAkinsolais seeking the cancellation of the election and for a new election to be held. Although, Amosun was able to escape the heat of the MPPP petition as the tribunal threw out the petition on the basis of incurable incompetence, he has a hard nut to crack in the PDP’s petition.

Justice Olusiyi said the petitioner failed to present documentary evidence to back up his claims which, according to him, would have been INEC form EC8E while the respondent/applicants had documentary evidence.

“The petitioner failed to present documentary evidence to back up his claims which would have been INEC form EC8E while the respondent/applicants had documentary evidence”, said Olusiyi.

He stressed that “Each of the 1^strespondent/applicant, 2nd respondent/applicants and the 3rd and 4th respondent/applicants has shown that the result of the election was declared on April 12. It has also been established beyond peradventure that the election petition was filed on May 4, 2015. This petition, having been filed outside the 21 days period prescribed by law, is incompetent and cannot be entertained beyond this stage by this tribunal, as doing so will be tantamount to embarking on a wild goose chase and a worthless pursuit.”

The grounds of the petition filed by the PDP governorship candidate, Isiaka was that he claimed to have won election in14 local governments of the state while the remaining 6 local governments were both shared by the APC and PDP.

Isiaka at the presentation of his petition before the tribunal argued that INEC officials connived with some leaders of APC in the state to manipulate the results of the election, which he said were favourable to him shortly after the election.

He explained further that the field report put him ahead of the APC governorship candidate, adding that the announced results did not reflect the wishes of the electorate.

Isiaka stressed “I had a clear lead in 14 local governments while the gap was very close in the six other council areas of Ogun Central senatorial district and Ado-Odo-Ota in Ogun West senatorial district.”

The PDP governorship candidate as well sued the INEC in his petition and the electoral body is required to clear itself of the allegations of connivance with the APC to rig the election.

The lead counsel to the INEC and 128 others, OlushinaSofola (SAN) raised application challenging the jurisdiction of the court to hear the substantive petitions before it.

INEC however filed two applications challenging the jurisdiction of the court on the matter before it, arguing that the petition filled by the PDP) and its governorship candidate, Isiaka was filed before a wrong tribunal and that the petition is presumed abandoned.

At the sitting, Sofola raised the third application seeking the leave of the tribunal to entertain his applications before the pre-trial, adding that his applications raised jurisdictional questions and thus should be entertained before proceeding to the pre-trial stage.

The applicant argued that the two applications were based on the competency of the court and should be taken to determine whether there is need to proceed on the petitions or not.

“The two applications talked on the issue of jurisdiction and it is our submissions that since the applications were on jurisdiction, they should be taken before the pre-trial and ruled upon. It would be wrong for us to partake in the pre-trial stage when we are challenging the foundation of the substantive petitions. The court should rule on it before deciding on whether there is anything to be taken to pre-trial stage”, Sofola said.

Counsel to Amosun, LateefFagbemi (SAN), said he believed in the application raised by INEC and supported it with all the emphasis at the disposal of the court.

As the battle went on, Amosunfiled a motion on notice before the tribunal seeking to dismiss the petition brought by the PDP governorship candidate, Isiaka in the last election. He seeks the order of the tribunal to deem the original petition as abandoned for failure of the petitioners to apply for issuance of pre-hearing session notice within the time stipulated by the tribunal.

The judgment by definite hearing on the substantive petition brought against Amosun would go a long way in shaping and determining the politics and governance of the state. The parties in the tribunal may drag the case to Appeal Court where the final judgment will be made if there is dissatisfaction on the Olusiyi Tribunal judgment.

It is interesting to state that the August 10 judgment is being anxiously awaited by the PDP not only in Ogun State but also in the South West and national level.

Because of the uncertainty of the situation and the possibility of losing at the tribunal, Amosun has moved quickly to settle most of the labour and students issues and appoint some of his loyalists as caretaker chairmen of the local governments in the state. This is to prepare should in case a re-run poll is ordered in the state by the tribunal.