Ismail Omipidan
The Ekiti State Election Petitions Tribunal, recently confirmed Governor Kayode Fayemi, as been duly elected in the July 14, 2018 governorship election.
Understandably, there was wild jubilation in Ado Ekiti, the state capital, when news filtered in that the election petitions tribunal sitting in Abuja, had dismissed the petition of his opponent in that election, Olusola Eleka of the Peoples Democratic Party (PDP).
But there are indications that Eleka is not willing to let go. His party has since given the notice that it would be appealing the verdict of the tribunal.
At the end of the election, which held on July 14 2018, Fayemi of the All Progressives Congress (APC) polled 197,450 votes to defeat Eleka who polled 178,121 votes. But Eleka and his party were dissatisfied with the results as announced by the Independent National Electoral Commission (INEC).
They wasted no time in approaching the Governorship Election Tribunal set up for the state. The tribunal which initially commenced sitting in the state, had to relocate to Abuja for security reasons. The tribunal’s verdict was therefore given from Abuja.
Delivering the unanimous judgment, Chairman of the three-man panel of justices, Suleiman Belgore held that the petition lacked merit. He stated that the PDP and its candidate failed to prove its case with any credible evidence that the election that returned Fayemi was marred by irregularities.
The justices added that some of the oral evidences provided by the petitioners supported the respondents’ case that the election was free and fair and the winner duly announced.
According to Belgore, both the PDP and Eleka did not substantiate their claim that the governorship election in many polling units were characterised by lack of accreditation, over-voting, mutilation of results, inaccurate ballot account, votes-buying and snatching of election materials as well as cancellation of results, where the PDP and its candidates secured highest number of votes among other irregularities.
To this extent, he held that in the absence of credible evidence substantiated with pleadings, all allegations that were raised by the petitioners were therefore deemed abandoned.
Belgore, who read the lead judgement further said: “Evidence of facts not pleaded goes to nothing. The results announced by the Independent National Electoral Commission (INEC), with respect to the election would continue to enjoy the assumption of regularity, until such assumption is displaced with credible evidence.
“On the whole, we hold that the petitioners failed to prove the allegations on the balance of probability. In fact, oral evidence of some of the witnesses called by the petitioners strengthened the case of the Respondents.
“It is clear that the irregularities claimed by the petition cannot be substantiated. We found no reason to disturb the results,” Belgore said.
Expectedly, the APC in the state welcomed the verdict. The party mood among its supporters in the state was indicative of that. But it was not so within the PDP.
Reacting to the development, Deputy Chairman of the APC in the state, Sola Eleshin , described the electoral victory as one that was well-earned without any underhand tactics to warrant cancellation of the victory by the tribunal.
According to him, the APC did not perpetrate any electoral fraud and so expected the victory to stand. “We’re happy over the outcome of the election, but we are not in any way surprised. The governorship election that held on July 14 2019 was transparent. It was clear that Governor Fayemi won fair and square, so we are not afraid even if they want to appeal the judgment, we are ready for them, because we had no skeleton in our cupboard”
But in their reaction, the PDP said it would appeal the verdict at the appellate court as provided for in the subsisting Electoral Law.
An associate of Fayose of many years and Director of Media for the Eleka campaign, Lere Olayinka, told reporters that the PDP would appeal the judgment.
“That is not the last bus stop as regards the election petition Tribunal. The law is very clear regarding the hierarchies of courts we can approach to seek redress on this issue. We are surely going to appeal the judgement,” Olayinka said.
Also, the PDP says it will be taking its case to the Court of Appeal and that it is confident of victory. The PDP National Publicity Secretary, Kola Ologbondiyan, issued a statement in reaction to the judgment.
He said the judgment of the tribunal will be overturned at the Court of Appeal and victory handed to the PDP and its candidate, Mr. Eleka.
“The PDP holds that the Court of Appeal will consider the matter strictly on its merit particularly with the abounding evidence of rigging including violence, vote-buying, ballot stuffing and alterations of results perpetrated by the APC are still intact.
“Though the judiciary is passing through a trying time under the dictatorial tendencies of the Buhari presidency, the PDP urges the Lord Justices to stand for justice by restoring the mandate freely given to the PDP candidate, Olusola Eleka, at the July 14, 2018 governorship election in Ekiti state” the party’s spokesman said.
He added that Nigeria and the international community widely condemned the manipulation that marred the Ekiti governorship election. He said the PDP strongly believes that justice will be served at the end of the day.
The PDP’s position did not however prevent APC supporters and other residents of the state from jubilation over the tribunal’s verdict.
A few of them, who were said to have sneaked through the Akure-Ikere-Ado-Ekiti road, caused serious traffic jam. There were jubilation and wild celebrations in other parts of the state including Ijero, Aramoko, Ikere, Okemesi and Ifaki among other major towns in the state.
But, instructively, unlike what was obtainable in the past, there was no single incident of mayhem or fracas from the jubilant crowd, just as there was no clash reported between supporters of rival parties particularly the ruling APC and the PDP in the state.
The crowd moved through Odo-Ado area to the government House and back to the APC secretariat in the Ajilosun area of town.
Ironically, previously, such processions would have been met with violence from miscreants, who held the state capital by its jugular at the time.
Pundits say the reason for the new thinking in the state may not be unconnected with the change in the lifestyle of the people of the state, coupled with the character and personality of the governor.
Those who hold this view contend that in just about three months in office, the Fayemi’s administration has begun to impact positively on the people.
“Now, pensions are being paid, salaries are regular and students now enjoy free education, while the aged are beginning to savour a great sense of belonging in their own state. For these people, old things have clearly passed away and suddenly, all things have become new,” a chieftain of the party said.
Although, PDP supporters appear confident that the appellate court may upturn the tribunal verdict, pundits are however of the view that the Ekiti governorship election was significantly different from the Osun State governorship election, where both foreign and local observers insisted there were obvious irregularities, including intimidation of opposition party supporters with the alleged connivance of security agencies. But that in the case of Ekiti, observers – both local and foreign, gave pass mark to the exercise.
“The verdict of the tribunal represents the view of a cross section of our people. They believe that the tribunal has served them true justice in the case,” a Lagos-based lawyer of Ekiti decent, said.
He further said that “If indeed the PDP had won as the party claimed, the judgment would have been met with protests among PDP supporters in the state.”