By Banji Ayoola
The three man-panel of the Ondo State Election Petitions Tribunal sitting in Akure, will today Tuesday April 20 deliver judgement in the petition filed by candidate of the Peoples Democratic Party (PDP), Eyitayo Jegede, against the victory of Governor Oluwarotimi Akeredolu, in last year’s governorship election.
Notice for the shift in date was sent to parties in the suit on Monday night.
The tribunal had earlier fixed judgement for Wednesday but later changed it to Tuesday for reasons yet to be explained.
The judgement would be delivered by 10am via zoom because of the ongoing strike action by members of the Judiciary Staff Union of Nigeria (JUSUN).
All courts in Ondo State have been under lock and key since the strike action commenced.
Jegede is asking the Tribunal to declare him winner of the election on grounds that Governor Akeredolu and his Deputy, Lucky Aiyedatiwa, were not validly nominated.
He had approached the tribunal challenging Akeredolu’s victory at the exercise on the basis of alleged massive irregularities including vote-buying and intimidation of his party supporters.
Akeredolu, the All Progressives Congress, APC candidate, was returned for a second term by the Independent National Electoral Commission, INEC.
Also joined in the petition are INEC, APC and the Deputy Governor-elect, Mr. Lucky Aiyedatiwa.
Jegede’s lead counsel, Mr. Ifedayo Adedipe, SAN, filed the petition on his behalf alleging among others, that the election was marred by irregularities and pockets of violence and intimidation. He also faulted the process through which Akeredolu emerged as the APC candidate.
The PDP’s candidate, who had earlier raised observations on the conduct of last year’s October 10 governorship election based on his allegations, asked the Elections Petitions Tribunal to upturn the election.
Also, Jegede’s party, the PDP, had given reasons why it wants Akeredolu’s election annulled.
It had unveiled the grounds on which it approached the tribunal in a statement early in December last year by its spokesman in the state, Mr Kennedy Ikantu Peretei barely 48 hours to the inaugural sitting on Tuesday, December 8, of the Ondo State Governorship Election Petitions Tribunal in Akure, the state capital.
According to the statement: “Eyitayo Jegede, the Candidate of the Peoples Democratic Party (PDP) has dragged the All Progressives Congress (APC) Candidate, Oluwarotimi Akeredolu, SAN before the Tribunal to answer for perceived infractions on the laws of the land. Dr. Onyechi Ikpeazu, SAN is leading a team of legal luminaries to prosecute this legal fireworks.
“The grounds of the petition include that Oluwarotimi Akeredolu was not validly nominated by his party APC.
“By the provisions of section 183 of the 1999 Constitution, a serving Governor of a State( in this case, Yobe State Governor Mai Mala Buni) can not serve as the National Chairman of APC at the same time to nominate Akeredolu as Candidate of their Party for the Ondo Elections.
“Section 183 states “The Governor shall not, during the period when he holds office, hold any other executive office or paid employment in any capacity whatsover”.
“In other words, Akeredolu was not validly nominated and as such APC had no candidate for the Ondo Election.
“Article 17 section iv of the APC Constitution also provides that, any official of the party cannot simultaneously occupy any other executive office in government.
“It states “No officer in any organ of the party shall hold executive position office in government concurrently.” Again Buni ran foul of this provision.
“The Election was marred with violence in some Local Governments as well as over voting in other areas.
“These are some of the grounds that Jegede is relying on and asking the Tribunal to declare him as the validly elected Governor of Ondo State.”
Justice Umar Abubakar, leading two other Justices was to hear the petition filed by Eyitayo Jegede, SAN against Akeredolu, who was declared winner of the October 10, 2020 Election by Independent National Electoral Commission (INEC).
Election Tribunals are established pursuant to section 285 of the Nigerian 1999 Constitution ( as Amended)and section 133 of the Electoral Act 2011 (as Amended) to address disputes arising from Elections.
Earlier, while swearing in Justices of the Election Petitions Tribunals for Edo and Ondo States in Abuja, the Chief Justice of Nigeria, Tanko Muhammad admonished the Judges, saying: “All eyes will be on you and always remember that your conducts will be publicly dissected and thoroughly scrutinized. Do what is right in our Law books and you will have your names etched in gold.”
The statement said: “Flowing from this admonition and given the character and track record of the Justices in the panel, it is believed that justice will be served at the end of the day.”
On its own, Akeredolu’s party, the ruling All Progressives Congress, APC, had fired back at the main opposition party, PDP, describing its claims on the last governorship election that produced Governor Oluwarotimi Akeredolu, SAN, as baseless and an act of political desperation.
In a statement titled: “PDP’s Baseless Claims On Last Ondo Governorship Polls-An Act Of Political Desperation”, by APC Director of Media and Publicity in the state, Mr Steve Otaloro, the party had described the PDP claims as a bundle of lies, inaccuracies, false accusations and allegations.
It had said: “The Peoples Democratic Party, (PDP) recently released a Press Statement which can best be described as a sour and unpalatable Pot Pourri of Lies, Inaccuracies, False Accusations and Allegations on why they’re challenging the re-election and overwhelming Victory of our Governor, Arakunrin Oluwarotimi Akeredolu, in the October 10, 2020 Ondo State Guber Election, at the Election Petitions Tribunal.
“Ordinarily our esteemed Party, the APC would not have responded to it but for its tendencies to mislead the unsuspecting Public and hinder the return of peace and harmony to the Sunshine State!
“However as a responsible Party, ever conscious of the need to always adhere strictly to existing Political Ethics, our response shall be expressed with caution and modesty so that we do not run foul of the law in making references to a case which is already before a properly constituted Tribunal.”
It tore to shreds PDP’s claims point by point saying: “To start with, the false PDP’s claim that Governor Akeredolu was not validly nominated by our party, APC, on the ground that Yobe State Governor, Mai Malla Buni can not serve as the National Chairman of APC at the same time and nominate Akeredolu as Candidate of our Party is false and nothing but a desperate move of its candidate, Eyitayo Jegede to try to snatch the governorship seat by all means through the back door.
“Governor Buni who only implemented the work of the former National Working Committe was not elected as the National Chairman of APC but serving in an acting capacity, after the National Executive Committee, (NEC) of the All Progressives Congress, APC, dissolved the National Working Committee, (NWC) of the party and subsequently appointed the Yobe State Governor, Mai Malla Buni as Chairman, Caretaker/Convention Committee.
“Also, the claim that the gubernatorial election was marred with violence in some Local Governments as well as over-voting in other areas was both ridiculous and laughable particularly when the election got a seal of approval by all observers present in election day as being well conducted!
“As earlier stated our Party’s response to PDPs outrageous and frivolous claim shall not be full, but deliberately modest and measured as the case is still subjudice.
“Let it be known however that, the way and manner in which the PDP is approaching its petition at the Tribunal itself is secondary to the optics of the party’s opposition to the election of Governor Akeredolu in a high profile way in the media. It is obviously evident, even to them, that, all their claims are baseless and unfounded!
The whole idea of going to the Tribunal was just to give false hope to their members to remain loyal and committed to a party that is drifting and drowning by the day and almost going to extinction in the state. Their members are planing to jump the ship for a more virile and popular political party which they have found in the APC, hence, the need to quickly do damage control by petitioning Governor Akeredolus victory at the Tribunal and which is now receiving more publicity than expected.
“The issues raised in their petition are not Rocket Science, so a layman can easily understand the differences between appointment of a Party Official in an acting capacity and occupying an elective on a substantive basis.
“One wonders why PDP lawyers are not educating their Party Leadership on these facts! Or could it be that they are the ones refusing to listen to their lawyers? Whichever the case, it is quite shameful and belittling to say the least.
“By Gods Grace, no matter what, the mandate to govern the good people of Ondo State for a second term, duly handed over to Arakunrin Oluwarotimi Odunayo Akeredolu, SAN, on October 10, 2020 by the electorate in Ondo State will not be taken away through the back door by any Party or individual, against the overwhelming wish of the people of Ondo State by His grace.”
INEC had declared Akeredolu winner of the governorship election held in the state on Saturday, October 10, 2020.
According to the results announced by the commission, the governor and the All Progressives Congress, APC, candidate, polled 292,830 votes to defeat other contestants including Jegede, the first runner up.
The Returning Officer and vice-chancellor of the University of Ibadan, UI, Prof Idowu Olayinka, had declared that candidate of the Peoples Democratic Party, PDP, Eyitayo Jegede, trailed behind the winner with 195,791 votes, a difference of 97,039 votes; while the ten incumbent Deputy Governor, Agboola Ajayi of the Zenith Labour Party, ZLP, scored 69,127 votes to come a distant third.
Olayinka made the declaration at about 3 p.m. on Sunday, October 11, after all the results across the state’s 18 local government areas had been collated
According to the official results announced by the commission at its headquarters in Abuja, Akeredolu won in 15 of the state’s 18 local government areas.
His main challenger, Jegede, won in the remaining three local governments.mAltogether, 17 candidates took part in the election.
Olayinka said that 572,745 valid votes were recorded while 18,448 were rejected, and about 16,000 votes cancelled.
Akeredolu had also defeated Jegede in the 2016 governorship election. Then, Ajayi was Akeredolu’s running mate.
