|
The Election petition tribunal sitting in Osogbo on Tuesday July 15, 2008. upheld the election of Osun State
Governor, Prince Olagunsoye Oyinlola.
Delivering judgement in the petition filed by the Action Congress Governorship candidate in the
last election, Mr Rauif Aregbesola, the tribunal held that the petitioner had failed to prove
his case with credible evidence.
The tribunal held that Aregbesola did not call as witness a single voter, polling agent,
accredited election monitor of any other person lawfully entitled to witness election.
According to the tribunal chairman, Justice Thomas Naron, who read the judgement, all 102
witnesses called by the petitioner who dubbed themselves as ward supervisors were not known to
the nation’s electoral law.
Justice Naron noted that allegations of violence, stuffing of ballot boxes, snatching of
election materials were criminal in nature which made the standard of proof to be that of
beyond all reasonable doubts.
"After a careful perusal of the evidence of PW1-102. evaluated above, and having attached no
weight or probative value to the said pieces of evidence, we hold that the petitioners have not
discharged this heavy burden placed on them by law.
"Even if that burden had been discharged, which was not, it is our view that there has been no
nexus between the alleged offences and the first respondent. The law is trite that a respondent
cannot be held responsible for what other people did in the form of unsolicited help or
assistance of which he or his agents are ignorant of.
" On the issue of unlawfulness of votes, it is the law that the only way one can question the
lawfulness of votes cast at an election is to tender in evidence all the forms used and call
witnesses to testify as to the misapplication of the votes scored by the individuals.
" In the instant case the petitioners tendered certified true copies of ballot papers and form
EC8A as exhibits to show alleged irregularities in the election. However, they failed to lead
evidence to establish the misapplication of the votes recorded therein," the tribunal held.
On documents tendered by the petitioners, the tribunal held that they were tendered in bundles
without any effort to lead evidence as to the use to be made of them. No oral evidence was thus
led on them. There is no doubt that the court of appeal case of TerabVs Lawan is to the effect
that the forms can be considered in that circumstance. In the latter Court of Appeal cases of
Awuse Vs Odili and ONmeje Vs Otokpa, it was held that the documents cannot be examined in the
circumstance set out above.
" We shall follow the latter cases as the law is that where there are conflicting decisions of
superior courts of coordinate jurisdiction, the latter in time wil prevail," the tribunal
declared.
It stressed that it would not be drawn into scrutinizing the said exhibits and the tabulations
set out thereon by counsel for the petitioners in his address.
On the non-calling of witnesses by the police and the INEC the tribunal said "it has been held
by the supreme court that "an opposing party should not be expected to challenge evidence that
is hollow, empty or bereft of any substance as that would amount to chasing shadows."
" Having stated all these we hold that the petitioners have not established by credible
evidence the acts of violence, non compliance with the Electoral Act 2006, widespread
irregularities which substantially affected the results of the elections for the office of the
Governor of Osun state," the tribunal declared and cosequently dismissed the petition in its
entirety as lacking in merit
The tribunal had earlier dismissed two applications brought by Aregbesola to reopen his case
and also to get the tribunal to disqualify itself from further presiding over the case because
of publications by TheNEWS magazine.
Justice Naron said that the tribunal is court of law and a court of record and does not base
its decisions on frivolous publications.
In his reaction, Prince Oyinlola whose office was stormed by jubilant civil servants later went
to the government house where he told the press that he was dedicating the victory to God, the
people of Osun state, and the PDP.
On why he was not ruffled by the propaganda and vicious campaign by the opposition against him
declared that "as a war tested General nothing could ruffle him."
He described as silly statements credited to Aregbesola to the effect that win or lose, he
would not accept the judgement of the tribunal declaring that the matter is "an issue of law
not propaganda"
The National Vice Chairman of the PDP, Alhaji Tajudeen Oladipo, in his reaction described the
victory of Oyinlola as victory of truth over falsehood.
|
