By Barrister Rotimi Adeyenuwo
The details of Osun State Election Tribunal judgement delivered today is yet to come out for people to see the ratio decided of such judgement. But perusing the two legged petition vis-a-vis the highlights that were earlier put in the public domain today,it becomes crystally clear that it is not over,until it is over.
If anybody is celebrating the judgement as if it is final,it means such person is living under delusion. The truth of the matter will prevail at higher courts of the land.
The issue of ineligibility of the governor,Senator Ademola Adeleke based on certificate was thrashed and thrown out because it had been decided upon by the Supreme Court in 2018 in favour of Senator Ademola Jackson Nurudeen Adeleke that he is qualified to contest for governorshipelection.
The second leg of the petition which is the issue of over-voting on which the majority judgement is hinged cannot stand the test of time. Members of the public that are so worried about this judgement are advised not to despair. It is a judgment that cannot stand the scrutiny of the Court of Appeal and the Supreme Court.
If the majority judgement given today alluded to the fact that INEC did not comply substantially with the constitution and the provisions of the Electoral Act,the task of the Appeal Court and later,the Supreme Court is to ask APC in what way had INEC faltered in not complying substantially with the said statutory provisions? How can they measure the quantum of substantially compliance of INEC?
This may not be clear with individuals that doesn’t have legal mind. But it is a legal truism that “he who assert must prove.” The preponderance of such proof of substantial compliance will be determined by the higher courts of the land.
In a situation where the Applicant, APC/Isiaka Oyetola who brought the issue of over-voting to the Election Trinunal cannot bring their witnesses in the alleged 749 Polling Units alleged before the Tribunal to prove their case,do they expect Court of Appeal and Supreme Court to keep mute on this lacuna? Is it procedurally right for the Election Tribunal to rely on evidences of the 749 Polling Units that were tendered from the Bar without cross-examination of parties involved i.e. the Polling Agents that witnessed the alleged over-voting?
Why did all APC Agents across the state signed the Result Sheets at the end of election that day in their various PollingUnits? These and more are the questions that beg answers from APC and Isiaka Oyetola at the Court of Appeal and Supreme Court.
If APC think they can rob PDP this time around using instrumentality of justice,we will let them know that they have gotten it wrong. We will prove to them that brain is better than brawn.
I thank the Almighty God that APC tried to pry open this illegal judgement from the Election Tribunal,the court of first instance. They want the repeat of what transpired in 2010 when Court of Appeal gave the judgement cancelling 10 local governments erroneously instead of 10 Polling Units brought by APC to the Election Trinunal.
In this instance case,they cannot move beyond this level as the Court of Appeal and Supreme Court cannot determine this matter in their favour. If they are rejoicing now for winning at the Tribunal,that joy will be shortlived.
It is on this ground that l am appealing to our people and the members of general public to be calm. The governor you freely gave your mandate to will remain in office unscathed till this matter is finally disposed off at the apex court. There will definitely going to be reversal of this Election Tribunal’s judgement.
If APC think they can use this pyrrhic victory to hold their members together for the purpose of voting for their Presidential candidate in February 25th,2023 elections, they will be doing that in vain.
Osun people are not ready to be hoodwinked by this judgement. Their Presidential candidate and other candidates in the forthcoming general elections will receive the shocker of their life.
