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| Olusegun Mimiko |
Reminiscent of developments that strewn the aftermath of the
2007 general election in Ondo State, battle for the control of the state has
continued with the filling of petitions by five political parties, challenging
the return of Dr. Olusegun Mimiko of the Labour Party as winner of the October
20 Gubernatorial Poll. James Sowole reports
Twenty one days after the release of the gubernatorial election
result conducted on October 20 in Ondo State which returned the incumbent, Dr.
Olusegun Mimiko of the Labour Party (LP), as the validly elected amongst over
12 other candidates, battle for the control of the state continued penultimate
weekend as five of the other candidates had filed in petitions.
While four political parties and their candidates had filed
in their petitions at the Governorship Election Petitions Tribunal against the
emergence of Mimiko, the Accord Party and its candidate filed a petition
challenging their alleged exclusion from the contest. The parties and the
candidates that had filed against Mimiko are the Action Congress of Nigeria
(ACN) which fielded Mr. Oluwarotimi Akeredolu; Peoples Democratic Party (PDP),
which had Chief Olusola Oke as its standard bearer; the Peoples Democratic
Change (PDC) and its candidate, Mr. Victor Oluwafemi Adetusin as well as the
Congress for Progressive Change (CPC) whose flag-bearer was Mr. Soji Ehinlanwo.
The filling of the petition confirmed further, position of
the aggrieved political parties and their candidates, who had been pointing
accusing fingers, particularly at the Independent National Electoral Commission
(INEC) as having colluded with the LP and its candidate to rig the election.
Though, several political observers and election monitors commended the conduct
of the election and the Federal Government’s demonstration of its commitment to
ensuring free and fair poll, the aggrieved political parties and their
candidates berated INEC for what happened on the day of the election.
Despite the position of many that the conduct of the
election was an improvement on the July 14 governorship poll in Edo State,
stakeholders submitted that there were many grounds yet to be covered in the
conduct of future elections just as they offered several suggestions on how to
improve in future exercise.
Therefore, most allegations contained in the petitions filed
at the tribunal were directed at INEC and its officials. Like what happened in
the aftermath of the 2007 general election, the issue now dominates discussion
in many parts of the state.
Of the five petitions, the one filed by the Accord Party
(AP) was unique because the party’s protest bothered on the alleged exclusion
by INEC from the poll. The issue of the exclusion had earlier become a subject
of litigation between the commission and the party when INEC released the list
of cleared candidates and their parties for the election.
AP candidate, James Olawale alleged that INEC deliberately
omitted its name and logo of his party from the ballot paper and this
automatically prevented him from participating in the election. Olawale and the
party claimed that the omission of the logo on the ballot paper used for the
October 20 election was contrary to the provision of the 2010 Electoral Act.
The petitioners insisted that INEC sent three of its
officials to monitor its primary held on August 1, 2012 but still excluded its
candidate from the list of contestants. The party, therefore, prayed the
tribunal to order INEC to nullify the election, which returned Mimiko and
conduct fresh poll that would allow Olawale participate. But whatever happens
between then and now, the party has expelled Olawale for challenging Mimiko’s
victory.
The ACN and its candidate, Akeredolu, in the petition filed
a day after the AP had sent in its own at the tribunal located within the
premises of the Akure High Court, alleged that the election was fraught with many
irregularities.
In the 190 paragraphs and 403 pages petition, Akeredolu
submitted that Mimiko was not duly elected by a majority of lawful votes.
HeAkeredolu said the election was invalid by reason of corrupt practices and or
non-compliance with provision of the Electoral Act 2010 as amended.
The ACN legal team of 20 lawyers was led by the former
Attorney-General and Minister of Justice, Chief Akin Olujimi SAN, Lasun Sanusi
SAN while other lawyers include Wole Aina Edward Odugbesan, Kola Olawoye, Charles
Titiloye, Victor Olatoyegun and Michael Lana among others.
Akeredolu alleged that the voters register used for the
election was falsified by INEC to ensure victory for Mimiko, adding that some
named political office holders in the state also connived with security agents
and INEC staff to rig the poll in favour of the LP candidate. Also in the
petition were allegations of ballot box hijacking, ballot box snuffing, massive
multiple thumb printing of ballot papers by LP agents.
The petitioners alleged that the election was marred with
irregularities, non compliance with provisions of the Electoral Act and that
there was glaring violence, malpractices and allocation of votes for LP, as
well as the creation of secret unit and collation centre where the electoral
fraud was perpetrated. The ACN further alleged that LP deployed cash and
materials to induce voters throughout the state.
ACN, which listed 117 witnesses, pleaded all video clips,
report of local and international observers and the media, fingerprint experts,
medical reports and election materials used in the conduct of the poll.
On their part, PDP and Oke listed Mimiko, LP, INEC, Resident
Electoral Commission for Ondo State, Mr. Akin Orebiyi, and the Returning
Officer, Professor Biyi Daramola, as respondents.
Oke, who deposed to a 1,480-paragraph statement contained in
the 248- page petition, averred that Mimiko’s election was invalid by reason of
corrupt practices and non-compliance with the provisions of the Electoral Act.
He also said Mimiko, who is the first respondent, was not duly elected by
majority of the lawful votes cast at the election, alleging also that the
election in most polling units and wards in 15 out of 18 local government areas
in the state where election took place was marred by violence, intimidation,
harassment, ballot box stuffing and ballot paper snatching.
He mentioned such local governments as Ese-Odo,
Irele,Odigbo, Ile-Oluji/Okeigbo, Ondo West and Ondo East where the
irregularities were rampant. Other local governments identified are Akure
South, Akure North, Idanre, Ifedore, Ose, Owo Akoko North East, Akoko South Est
and Akoko North West.
Based on several allegations contained in the petition, Oke
sought among others, eight reliefs from the tribunal. He sought an order
setting aside the purported election and return of Mimiko as governor of Ondo
State based on the election conducted on October 20.
Oke also sought a declaration that having regard to lawful
votes cast on the election, it was him (Oke) and not Mimiko that scored the
majority of lawful votes cast at the election and also secured at least 25% in
more than 2/3 of the 18 local government areas in the state and ought to have
been declared winner of the election.
He is also seeking an order declaring him winner and returned
as governor of Ondo State, having polled majority of lawful votes cast and
achieving 25% in at least 2/3 of local governments in Ondo State.
Alternatively, Oke sought a declaration that the governorship election is null
and void having been marred and vitiated by massive rigging, widespread
substantial non-compliance and corrupt practices.
As a result, he sought an order nullifying the governorship
election and directing INEC to conduct a fresh governorship election in the
state within a period determined by the tribunal.
Like the Accord Party, PDC and its candidate, Adetusin in
the petition claimed that the absence of its party logo on the ballot paper
made him lose many votes to the LP candidate whose party logo was similar to
that of the PDC.
Adetusin alleged in the petition that INEC, which is one of
the respondents deliberately and wrongfully, omitted his party’s logo, which
was similar to that of the LP and which made many voters who ordinarily, would
have voted for him to wrongly vote for the LP candidate.
In the 34-page petition filed by his counsels led by Yinka
Orokoto, Adetusin said those votes credited to the LP candidate are his votes
and should be counted for him and returned as winner of the election. The
petitioner, therefore, sought an order of the tribunal annulling the election
and the return of Mimiko as winner of the election. Otherwise, he sought an
order of the tribunal to conduct fresh election in all the polling units, wards
and local government areas of the state at the time that the tribunal decides.
For the CPC, Ehinlanwo and his running mate, Mrs. Damilola
Oluyemi, they have substantial evidence that there was massive violation of the
Electoral Act and irregularities in respect of the election that would not make
them accept its outcome.
In the petition filed on their behalf by Mr. Segun Ogodo,
the CPC and its candidate which have as respondents, Mimiko, the LP, INEC,
Orebiyi and Daramola, prayed the tribunal to correct the anomaly and declare
the poll result as null and void in view of the obvious flaws in the process.
"As we indicated throughout the governorship campaign,
we wish to restate our avowed commitment to the promotion of strong democratic
ideals in our dear state and beyond. In our march to make the state a reference
point in good governance, we will remain extremely focused, undaunted and
determined.
"We believe that by the grace of God, our state will
surmount the current setback through the strong collective will of our people
to ensure that truth, justice and fair play triumph. We urge our people to
remain steadfast in this struggle as it is not just a fight to liberate our
state from an unpopular government but it is also a struggle to guarantee a
brighter future for our children,” the petition reads.”
While the public awaits Mimiko’s defence and that of his
party, the battle in Ondo has obviously shifted to the tribunal and that is
where attention would be directed for a long time from various interests in the
state until the cases are completely dispensed with.
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