After much anxiety and waiting, the Ogun State Governorship Election Petitions Tribunal recently gave its verdict. It upheld and also revalidated the re-election of Prince Dapo Abiodun as the duly elected governor of the Gateway state in the March 18, 2023 gubernatorial poll.
In the suit No. EPT/OG/GOV/03/2023, Oladipupo Adebutu (1st petitioner) and Peoples Democratic Party (2nd petitioner) have dragged the Independent National Electoral Commission (1st respondent), Prince Dapo Abiodun (2nd respondent) and the All Progressives Congress (3rd respondent) to the Ogun State Governorship Election Petitions Tribunal to challenge the declaration of Prince Dapo Abiodun as Governor for the second term in office in the Saturday, March 18, 2023.
It was an epic battle of the titans, featuring legal giants representing different parties to the matter.
Representing the 1st petitioner (Adebutu) hires Chief Goddy Uche (SAN) and Mr Olumuyiwa Obanawa, while the 2nd petitioner (PDP) engages Dr Oladimeji Hassan-Balogun, Mrs Chinasa Amaechi and Mr Mike Uche.
Also, the 1st respondent (INEC) is represented by Mr Abiodun Owonikoko (SAN), Dr Peter Remi Olatubora (SAN) and Mrs Oluwashola Keshinro, while the second respondent (Abiodun) is represented by Chief Wole Olanipekun (SAN); Prof Taiwo Osipitan (SAN); Mrs Titilola Akinlawon (SAN); and Dr Bode Olanipekun (SAN); while Dr Onyechi Ikpeazu (SAN); Mr Tayo Oyetibo (SAN); Otunba Kunle Kalejaiye (SAN); and Dr Muiz Banire (SAN) stand in for the third respondent (APC).
In the unanimous decision of the three-man panel, Justices H.N Kuzana, J.B Egele and Sanusi Shehu, the tribunal averred that the petition brought by the PDP governorship candidate, Oladipupo Adebutu and his party (PDP) have failed to prove any of the grounds of the Petition and thus, are not entitled to any of the reliefs sought. The petition fails and is dismissed. The return of Governor Abiodun was affirmed.
On account of the petition, the court goes further to prove that the grounds of the objection are which “that some paragraphs of the petition are vague, nebulous, indiscernible, and imprecise. INEC relies on the legal authorities which state litigation is not a game of chess and litigants must come with their cards facing up”.
The Court recapped that Chief Wole Olanipekun’s arguments which are to the effect that a petition tribunal lacks jurisdiction over a candidate’s Form EC9 which is a form that is utilised at the pre-election stage only to be attacked in pre-election matters for which petitions have no locus (citing Alhassan v Ishaku).
Also, the court declares that factors relating to disqualification are in Section 182 of the Constitution. Then, the court goes over the facts in the petition relating to Ground C which are that the 2nd respondent presented a forged and also the 2nd respondent was arrested sometime in 1986.
The Court goes over to Section 285 (14) of the Constitution which defines a pre-election matter. The court relies on a decided authority which is that “where a candidate’s emergence is challenged on the ground of false information in Form EC9, it is a pre-election matter for determination before a High Court”. That tribunals have no jurisdiction over such complaints. That the court finds that the issue of arrest is not a disqualification issue and that petitioners have even conceded that point by not responding to the 2nd respondent’s arguments in that regard. The court finds that Ground C is incompetent and it then concludes that Grounds A, B and C of the petition-which are all the grounds of the petition-are incompetent while the Court finds that the paragraphs attacked are vague and are accordingly struck out.
“All the grounds of the objection are struck out for being incompetent
Paragraphs of the Reply to the 3rd Respondent’s Reply struck out for introducing fresh issues.
Witness depositions of the so-called subpoenaed witnesses (INEC ad-hoc officials) which were served personally on those witnesses thrown out for being filed outside the deadline for filing a petition.
Video purporting to show corrupt practices also rejected for being unpleaded and for being hearsay evidence since the person purporting to tender it did not make the video”, said the court.
Among its resolutions, the tribunal finds that the video was not pleaded. That the general assertions in the pleadings that videos will be tendered does not cover the specific videos tendered by PW 91.
The tribunal finds that the video is heresy evidence because the person who tendered it was not a worker in Channels or Television Continental (TVC) and could not speak to the human inputs that created the video, which are the specific points that a certificate of compliance is required to state
The objection succeeded and the video was rejected in evidence.
Besides, the court holds that petitioners have a duty to state the results correctly. That in this case, Petitioners inserted the word “wrongly” in the Petition to describe the return made by INEC.
The court cited Ikpeazu v. Otti and other cases, in which it was held that a Petitioner MUST state the person declared to have won an election, which Petitioners did not do in this case
Petitioners refused to acknowledge the candidate returned in this election and by using the word “wrongly” is saying that 2nd Respondent was not actually returned, yet challenging the election.
It will be recalled that the petitioner, Adebutu, in his petition, had alleged disruption of the election by hoodlums suspected to be political thugs in over 99 polling units, disenfranchisement of over 40,000 voters who could not participate in the March 18, 2023 governorship poll as grounds for seeking his declaration as the winner of the election. To that effect, he had called voters and party agents from Sagamu, Ikenne, Odogbolu, Remo North, Ogun Waterside, Ijebu-Ode, Abeokuta South, Abeokuta North, Ado-Odo/Ota, Imeko-Afon and other local governments as witnesses to prove that there were disruptions in different polling units across the State.
Furthermore, the petitioner made a plethora of frivolous accusations of the Electoral Act and corrupt practices perpetrated during the election, etc. The lead counsel to the petitioner, Goddy Uche (SAN) had equally urged the Tribunal to admit all the gamut of documents tendered as evidence against Abiodun as exhibits.
These included INEC forms; BVAS reports; forms ECAs; voters’ registers and printed IREV results. This is in addition to a 99-page schedule of documents already served on the first, second, and third respondents respectively.
In fact, it’s indeed a whole range of issues compiled to substantiate the petitioner’s desire to upturn the hard-won victory of Governor Abiodun.
Ogun is one of the states in Nigeria where there is always an intriguing but continuous play of adversarial power-politics. Adebutu had introduced a novelty in the definition of his own home-grown politics. He introduced credit cards as inducements for vote-buying, a criminal offence that runs foul of the Electoral Act. His boys were caught in the act as they were apprehended on the governorship election day, March 18, 2023 across the state with verve credit cards already pre-loaded with N10,000 for onward distribution.
He (Adebutu) was, thus, charged for vote-buying, disruption of the electoral process, criminal conspiracy, money laundering, and other sundry allegations of manipulation at the tribunal.
For the fear of the unknown, Adebutu is currently on self-exile in an undisclosed location abroad to escape the long arms of the law.
While his lead counsel, Uche fiercely struggled to defend his case before he eventually succumbed to the overwhelming evidence of the electoral malfeasances allegedly committed during the governorship election, declaring that “he was handicapped”.
One of the damning testimonies was made by an official of Zenith Bank Plc, Mrs Celestina Appeal, Head of Card Services who presented evidence of 200,000 pre-loaded ATM cards meant for vote-buying to the tribunal. The startling revelation of the underhand deal followed an earlier submission of two letters written by counsel to the Governor, Prof Taiwo Osipitan (SAN) to Zenith Bank in February, seeking clarification on how Adebutu opened a special account for the purpose of his action with the bank, as well as the request for the issuance of 200,000 pre-loaded Automated Teller Machine (ATM) cards containing N10,000 each, some days away before the Saturday, March 18, 2023 governorship election.
While put under cross-examination, not only did Mrs Appeal present the Certified True Copy (CTC) of a letter written to Zenith Bank by Oladipupo Adebutu dated 27th February 2023, two days after the Presidential election which the PDP lost, requesting to open an account for the production of 200,000ATM verve cards, containing N10,000 each, totalling N2 billion, but also tendered the record of delivery of, and collection of the prepaid ATM cards to Adebutu, and the sample of the card, including the statement of account opened in the name of Oladipupo Adebutu, all indicating inflow and outflow of the account from February to May 2023 and certificate of compliance.
At any rate, Adebutu was only merely running away from his own shadow. As a drowning man who desperately needed a straw to hold on to, the PDP governorship candidate, knowing fully well that he had no route to escape, having been charged to court, raising a counter-accusation of vote-buying against the APC and the governor without any verifiable evidence to substantiate through claims.
But, unfortunately, the machination couldn’t stand the test of time. It fell with a loud thud, following the police investigation into the matter.
In the final analysis, the report presented before the tribunal expressly stated that the allegation of vote-buying levelled against the APC and the governor by the PDP was not substantiated.
The report of the findings read in part.
“That contrary to the claims of some of the witnesses brought forward by the PDP, Daniel Obadamilare, Adesina Sakiru, Dauda Kamil, and Ogunleye Francis, their claims of over-voting cannot be substantiated as they were unable to mention the Point Of Sales (POS) agents that were alleged to have converted the cards to cash for them”.
Then, the clincher followed.
The tribunal sitting in Abeokuta summarily dismissed the case, declaring it as an afterthought on the ground that it was not part of the original petition filed against the respondents.
However, despite all storms, the governor has come out victorious, having survived the underhand plots of political buccaneers. It’s indeed a symphonic victory at the tribunal. There have been seen and unseen hands of those playing God, while attempting to undermine the popular wishes at the Governorship election.
Elated and optimistic as he was, the Governor, who spoke at a reception held at the Presidential Lodge, Abeokuta, on Saturday night, shortly after the reaffirmation of his electoral victory, dedicated his victory at the tribunal to God Almighty and the people of the Gateway state for their unalloyed support, while he pledged to rededicate himself towards serving them better the more.
The 11 hour judgement, according to him, was unprecedented in the annals of the country given the length of hours spent to deliver the verdict. He, however, commended the three tribunal judges for not just ensuring justice, but doing so in a meticulous, diligent and transparent manner.
“”We earned it. We deserved it. We won fair and square. You are all a testimony of our triumph, tenacity, resolve and determination.
“I want to thank all the good people of Ogun State that voted me in and all other well-wishers for your prayers, good wishes and support throughout this period.
“We were never in doubt that our hard-earned victory will be affirmed as we placed our trust in God, having worked the hardest campaign in every nook and cranny of Ogun State”, Abiodun averred, while addressing a mammoth crowd.
- Ogbonnikan wrote from Abeokuta, Ogun State
