Tribunal: How Amosun’s victory was upheld.

Gov Ibikunle Amosun

The three man panel of the Ogun State Governorship election tribunal have upheld the election victory of Governor Ibukunle Amosun of the All Progressive Congress, APC, stating that the  petitioners have failed to prove their case. “The petitioner, Prince Gboyega Nasir Isiaka, made numerous allegations of wrong doing against the respondents, Governor Ibikunle Amosun and All Progressives Congress, in respect of the election.

There however was a yawning  gap between the allegations and evidence in their support . According to the Tribunal: “We are in good position by coming to irresistible conclusion that the petitioners have failed to prove their case against the respondents either on the balance of probability or beyond reasonable doubt.

“Petitioners have failed to satisfy the Tribunal, in the final result, each of issues 1, 2, 3 and 4 for determination by the Tribunal, is resolved in the negative against the petitioners. “The tribunal hereby affirms the victory of the first respondent, Governor Ibikunle Amosun, as duly elected governor of Ogun State.”

These were the submissions of the three-man panel of Ogun State governorship Election Petition Tribunal headed by Justice Henry Olusiyi while upholding the election victory of Amosun. Isiaka and his party,the People Democratic Party, PDP, in their petition filed April 30, 2015  have claimed that the April 11, 2015 governorship election was marred with electoral malpractices, thuggery, violence, falsification of result sheets, voting without accreditation and misuse of card readers.

The Tribunal after listening to all the parties for close to 180 days struck out the petition describing it as lacking in merit and inconsistent. While delivering the judgement, Olusiyi said the petitioner has failed to substantiate his allegations of electoral malpractices and non -compliance to Electoral Act 2010 as amended.

The Tribunal which began the hearing of the petition since May  said it could not grant the prayers of the petitioner due to his failure to prove the allegations beyond  reasonable doubt. In its over four hours judgement, the Chairman flanked by two other members of the panel, said all the seven witnesses called by the petitioner  failed to prove the allegations.

The Chairman said the case of first respondent with the above  was that he was duly elected having satisfied all requirements and scored the highest number of votes. The tribunal said the elections are not invalid by way of corruption practices, saying the petitioner has no right to be returned as he didn’t score the highest number of votes.

“The petitioner alleged massive rigging in  nine local governments which were; Abeokuta South, Abeokuta North, Ewekoro, Odeda, Sagamu, Remo North, Ado -Odo/Ota and Obafemi Owode, but, only led oral evidence in respect of 12 polling units out of 1,672 units in the nine local governments in contention .

According to the tribunal, other exhibits were dumped on the Tribunal, the Tribunal is not  duty bound to cross check all the materials . A judge can not sit out of court to examine exhibits. “The exhibits were not linked specifically to any of the allegations in the petition. It is an infraction to fair hearing to do in the chambers what the parties have failed to do in open court.

“The petitioner did not state what the highest number of valid vote was, the onus of proving the invalidity of the result of the election rests squarely on the Petitioners. “Exhibit P4275 is not a biometric analysis of electoral materials since PW9 was not an expert and indeed did not claim to be one. Only a person who has done a biometric analysis not just a statistical analysis of electoral material will pass as an expert.

“Exhibits P4276 was riddled with inconsistencies and discrepancies and has not probative value and can not be relied upon by this tribunal. Exhibits P1-P4271 were all dumped by the tribunal.

Amosun, Isiaka react

In his reaction to the judgement, Isiaka appealed to his teeming supporters to remain calm and not to engage in any act of lawlessness.

He said, “I am appealing to all and sundry to respect the decision of the court. Though the verdict did not go the way that would have gladden the hearts of many people in the state, but as law abiding and responsible citizens, we are duty bound to respect the verdict.

“We shall carefully study the judgement as soon as possible and will make public our next line of action. But my appeal goes to all our supporters and those that might have been disappointed with the judgement to remain calm, we still have many options available to us but that decision will be made very soon”.

Also, reacting to his victory, Amosun described his victory at the Governorship Election Petition Tribunal as victory for  people of Ogun State. Amosun said the legal victory was a further attestation of the fact that his election was truly only made possible by the good people of Ogun State.

The Ogun State governor said if the trial were to be conducted twenty times over, he and the All Progressives Congress, APC, would come out victorious because he was voted for massively by the people of Ogun State. The Governor also commended the judiciary and indeed members of the Justice Henry Olusiyi-led panel that sat over the Ogun Governorship Election petitions for the professional manner in which they carried out their duties without fear or favour.

The Ogun State governor said the ongoing, vital and all- important mission to rebuild Ogun State “is a task that should be embraced by all patriotic citizens of Ogun irrespective of political and ideological differences.”