As Abiodun Floors Adebutu at Ogun Tribunal…

Ogun state election petition tribunal has dismissed the petition filed by the Peoples Democratic Party’s candidate in the March 18, 2023 governorship poll in the state, Hon Ladi Adebutu and affirmed the re-election of Governor Dapo Abiodun. James Sowole reports.

Like in the final match of any sport competition, where a winner must emerge irrespective of how long it takes before such victory is achieved, a draw has become impossible in election into any office, no matter how small the position may look.

Therefore, the struggle for political power during election at every level of the contest, is always tensed among contestants because the principle of winner takes all, is the rule in most cases.

It was therefore, not surprising that leaders and members of the opposition Peoples Democratic Party (PDP), did all they could in order to stop the re-election of Governor Dapo Abiodun of the All Progreaauves Congress (APC)  in the March 18, 2023 governorship election in Ogun State. The struggle to stop Abiodun during preparation for the proper election involved conspiracy of some political leaders even within the ruling All Progressives Congress (APC), which eventually led to the defeat of APC in many local governments, which was unexpected.

The battle did not stop at the level of election, as the PDP and its governorship candidate, Hon Ladi Adebutu, filed petition at Election Petition Tribunal, that sat within the  Margistrate Court premises, located at Isabo, Abeokuta.

The three-man tribunal, that reviewed complaints on Ogun Governorship Election, has Justice Hamidu Kunaza, as Chairman and Justices J B Egele and Shannusi Shehu, as members.

Like the Presidential Election Petition Court which read its judgment for about 13 hours in suits filed by candidates of the Allied Peiples Movement (APM), Labour Party  (LP) and the PDP, the Ogun State Governorship Election Petition Tribunal, on Saturday, September 30, 2023, spent about 12 hours to deliver its judgment, in the suit filed by PDP and its candidate.

Five issues relating to the petition, were resolved by the tribunal that painstakingly, reviewed the matters. Four of the issues, were resolved in favour of the respondents, while one issue was in favour of petitioners.

The issues were those that were considered pre-election matters and matters that happened during the election proper.

In the suit, the petitioners alleged that Abiodun was not duly elected as the election was not conducted in compliance with the Electoral Act 2022.

The petitioner, also alleged that Abiodun submitted a forged  West  African Examination Council (WAEC), Certificate, which suggested that he should have been disqualified from contesting the March 18, 2023 election.

It was also alleged that Abiodun was not qualified to contest the election, having been arrested, tried  and convicted by a court in the United States of America.

Moreover, Adebutu and  PDP alleged that 49,000 voters, in 99 polling units accross the state, were disenfranchised during the poll and if the principle of margin of lead is applied, it would have made the election inconclusive.

Other issue in the petition, was allegation of vote buying, where Abiodun in his reply to Adebutu’s petition accused the petitioner of engaging in vote buying by producing 200,000 pre-loaded Automated Teller Machine  (ATM) cards of N10,000 each and distributed same on the election day.

Reading the judgment after dissecting arguments of counsels to both  the petitioners and the respondents and citing relevant authorities on earlier decided cases, Chairman of the panel, Justice Hamidu Kunaza, concluded that the petitioners, had failed to prove allegations on each issue raised and which could warrant prayers being sought.

Deciding on the election results as released by INEC, the tribunal held that the petitioner did not use proper language, to describe the situation.

The court held that the petitioners have a duty to state the results correctly. It stated that in this case, petitioners inserted the word “wrongly” in the petition to describe the return made by INEC

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

It stated that petitioners refused to acknowledge the candidate returned in this election and by using the word “wrongly” is saying that Abiodun (2nd respondent), was not actually returned, yet challenging the election

The court also found that petitioners have a duty to plead the results of an election as announced. But  petitioners did not do so and instead, used the word “purportedly” in describing the results, which as defined in the dictionary, means rumoured. Court held that petitioners ought to challenge the results as announced not rumoured results.

It therefore, concluded that the petition, was incompetent for this reason.

The tribunal also held that the petitioners failed to prove beyond reasonable doubt, the allegations of non-compliance, overvoting, disenfranchisement of voters and corrupt practices during the polls.

On two issues relating to why Abiodun should be disqualified from contesting the March 18 Election, the tribunal declared that factors relating to disqualification are in Section 182 of the Constitution.

The two issues considered, were that Abiodun presented a forged certificate to INEC and that he was arrested, tried and convicted sometime in 1986

In determining this, the tribunal, considered provision of Section 285(14) of the Constitution which defines a pre-election matter.

Court relied 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

Court finds that the issue of arrest is not a disqualification issue and that petitioners have even conceded that point by not responding to 2nd Respondent’s arguments in that regard.

The Justice said that the tribunal, was not persuaded with the allegation that Abiodun was once arrested,  detained, tried and convicted  in the United States. 

He said the tribunal found that petitioners have not proved that it was Abiodun’s fingerprints that are on the jail intake document stating that petitioners have not linked the governor to the name Shawn Michael on that document and the witness who tendered it never even said how he came upon that document, having conceded that he had never been to Florida before his testimony.

The tribunal added that assuming the governor was truly the arrestee in the jail intake document, the Constitution disqualifies a candidate for a conviction within the last 10 years preceding the election but that the incident in the jail intake form occurred in 1986, which was  37 years ago.

The tribunal therefore, finds that the ground seeking the disqualification of Abiodun, was incompetent.

On disenfranchisement, Tribunal held that in proving the allegation disenfranchised voters must testify that they had their voters cards, were ready to vote and if they were allowed to vote, their candidate would have won.

It said these requirements were not met in this case as the over 49,000 witnesses that petitioners allege were disenfranchised were not produced as witnesses.

However, the tribunal resolved the allegation of vote buying levelled against the petitioner by the 2nd Respondent, in favour of the petitioner.

The tribunal, held that that although cash cards were produced, that those cards were funded on 16 and 17 March 2023 (eve of the elections) and those cards somehow found their way to some polling units on election day.

 The tribunal held that there were not evidence to directly, link the 2nd Petitioner (Adebutu) stating that allegation of  vote buying must be proved beyond  reasonable doubt and which respondents failed to meet.

In his final judgement, Justice Kunaza said, “I uphold the election of Dapo Abiodun as the dully elected governor of Ogun State in the March 18 election.”

Expectedly, the judgment of the tribunal, had been generating reactions from the camps of both the petitioners and the respondents. While some groups loyal to the petitioners, described the judgment as charade and miscarriage of justice, groups loyal to Abiodun and the APC, described the judgment as triumph of democracy and a prove that the petitioners, were chasing shadow.

Saying that the morning shows the day, political analyst, said performances of Adebutu and PDP witnesses, had actually shown the way the matter would go adding that witnesses fell flat during cross examination, during proceedings of the tribunal.

However, the petitioners, were of the opinion that the Court of Appeal, would upturn the judgment of the tribunal as it is not over yet since there are still two more levels, for the matter to complete its full course.