Another governor bit the dust yesterday as the Edo State Election Petitions Tribunal sitting in Benin City nullified the election of Senator Oserheimen Osunbor of the state.
The tribunal in a unanimous judgment upheld the petition of the Action Congress (AC) candidate in the April 14 gubernatorial election in the state, Comrade Adams Oshiomhole, who challenged Osunbor’s election.
Oshiomhole, former Nigeria Labour Congress (NLC) president, had claimed the election of Osunbor of the Peoples Democratic Party (PDP) was not in accordance with the Electoral Act, 2006 and should be nullified.
He urged the tribunal to declare him the winner of the poll.
The tribunal verdict instantly sparked off jubilation on the streets of Benin City and other parts of the state with Oshiomhole’s supporters waving the broom, the symbol of AC, around town.
In the six-hour judgment delivered at the Edo State High Court on Sapele Road, Benin City, venue of the tribunal sitting, the Chairman, Justice Peter Umeadi, held that Oshiomhole scored 166,577 votes as against 129,057 for Osunbor.
Justice Umeadi said: �The First Petitioner, Comrade Adams Oshiomhole, is hereby declared the elected Governor of Edo State of Nigeria; he is the candidate who has scored the highest number of valid votes cast during the April 14, 2007 governorship election in the state, and has satisfied the Constitution of the Federal Republic of Nigeria, 1999, and the provisions of Sections 40 and 147 (2) of the Electoral Act 2006.
�The election of Senator (Prof.) Oserheimen Osunbor as the Governor of Edo State is hereby declared null and void, and nullified.�
He ordered the Independent National Electoral Commi-ssion (INEC) to issue a certificate of return to the AC candidate as the elected governor of the state.
Umeadi noted that the totality of the kernel of the evidence given by all the witnesses who testified for the petitioner (Oshiomhole) were not only found by the learned members of the tribunal to be �direct and credible and, therefore, acceptable�; there was no refutation from the legal team of either Osunbor or INEC.
Speaking shortly after the pronouncement of the court, Oshiomhole told newsmen who besieged his Clement Alele Close residence in GRA, Benin-City that he was dedicating the victory to the people who had reposed their confidence in him by voting for him massively at the election.
He said the victory had further reinforced his faith in the judiciary that justice could still be obtained in the country by the common man.
He thanked members of the tribunal for having the courage to stand for the truth despite what he called the colossal amount of �money that was moved around� in certain quarters.
Osunbor, however, said he remained the governor of the state.
He said in a broadcast to the people of the state that the status quo ante belum remained in the matter.
Osunbor said he would immediately appeal against the judgment of the tribunal.
While appealing to the people of the state to remain calm and go about their lawful businesses, Osunbor advised them not to be dismayed by what had happened at the tribunal, saying his actions as governor had so far been people-oriented.
�It is with mixed feelings that I received this afternoon the news of the judgment of the Edo State Election Tribunal in respect of the gubernatorial election petition filed by Comrade Adams Oshiomhole of the Action Congress (AC) against my electoral victory in the April 14th 2007 gubernatorial election.
�I wish to thank the people of Edo State for standing by me throughout the sittings of the tribunal.
�Although, many of our citizens must have been disappointed by the judgment of the tribunal, I want to assure all citizens of the state to remain calm as the status quo remains. I remain the duly elected Governor of Edo State as my party and I intend to immediately file an appeal against the judgment after critically studying the details.
His counsel, Dr. Alex Iziyon (SAN), had earlier given an indication that Osunbor would appeal the judgment of the tribunal.
�We have serious grievances against the judgment. That is speaking legally. This is not the end of the matter,” Iziyon said
The tribunal had been sitting over the case since October 2007.
Oshiomhole’s legal team was led by Chief Adeniyi Akintola (SAN) and it included Prince Adetunji Oyeyipo and Bamidele Aturu while Osunbor’s was led by Iziyon. It also included Chief Ighodalo Imadegbelo (SAN).
Roland Otaru (SAN) was the lead counsel for the INEC.
Justice Umeadi stepped into the position of Chairman of the tribunal in February this year following the retirement from service of the former Chairman, Hon. Justice Olanbanji Orilonishe.
Oshiomhole called a total of 61 witnesses to testify in respect of his petition while Osunbor and PDP called 32 witnesses who merely gave what Umeadi called �general claims and denials� and futile attempts to exonerate PDP leaders and the police who allegedly perpetrated the widespread election rigging in respect of 12 local government areas.
INEC called only three witnesses.
Before arriving at its verdict, the tribunal had earlier ordered a recount of the votes cast in respect of 12 local governments in the state.
Meanwhile, reactions came in torrents to the judgment last night.
The PDP National Headquarters said it would appeal the verdict.
The position of the party was made known by its National Publicity Secretary, Prof. Ahmed Rufai.
Rufai said: �There is no way we will not appeal the judgment.�
Its rival AC, however, hailed the nullification of Osunbor�s election and the declaration of Oshiomhole as the duly elected governor of the state.
In a statement issued in Abuja by its National Publicity Secretary, Alhaji Lai Mohamed, the party said the ruling had confirmed the widespread belief that the gubernatorial election in the state was marred by massive rigging, malpractices, widespread thuggery and violence. AC said the ruling had further rekindled its faith in the judiciary and its ability to rise above petty considerations to dispense justice without fear or favour.
It said the judgment also confirmed, for the umpteenth time, the mess made of the last general elections by INEC under the chairmanship of Prof. Maurice Iwu, �whose houses of lies have been collapsing like a pack of cards.�
Former vice-president and AC candidate in the April 21, 2007 presidential poll, Alhaji Atiku Abubakar, on his part, said the verdict would rekindle hope in the judiciary.
A statement by his Media Adviser, Mallam Shehu Garba, said: �It is a welcome decision for which the judiciary deserves commendation. It comes at a time when despair had begun to set in following a steak of unfavourable decisions that shocked Nigerians beyond their expectations.
�It will rekindle hope in the judiciary. We expected Adams Oshiomhole to win because this was a clear case of stolen election just as you have in many other others states.�
The Lagos State Governor, Mr. Babatunde Fashola (SAN), described the ruling as �extremely commendable, logical and sound�.
In a statement by his Senior Special Assistant, Media, Mr. Hakeem Bello, the governor congratulated the judiciary �for being painstaking in supporting democracy.
�Listening to the decisions today and the findings of facts made by the tribunal on the oral and documentary evidence as presented before them relating to the issues of electoral malpractices, ballot paper stuffing, and all of that, the application of the law to those findings was, in my view, extremely commendable, logical and sound.�
Former governor of Lagos State, Asiwaju Bola Ahmed Tinubu, also praised the verdict of the Edo tribunal as the triumph of the popular will.
He said: “The house built with saliva has fallen to the might of the morning dew.�
Tinubu urged others holding on to the stolen mandate to read the writing on the wall and surrender their ill-gotten mandate.
NLC said Oshiomhole’s victory was the will of the people.
The congress’ president, Comrade Abdulwaheed Omar, reacted to the judgment in a statement from Geneva where he is attending an International Labour Organisation (ILO) meeting.
Omar, in the statement, described the victory as “a triumph of the will of the electorate of Edo State and a major step in the democratic development of Nigeria”.
He congratulated the people of Edo State and Nigerians for the resilience they demonstrated throughout the tribunal proceedings.
In the message sent to the News Agency of Nigeria (NAN), the NLC president saluted the tribunal for its thoroughness and integrity.
On its part, the Trade Union Congress (TUS) President, Mr. Peter Esele, also hailed the verdict of the tribunal and described it as “a double victory for Oshiomhole as an indigene and coming from the labour constituency”.
Esele told the NAN that TUC was not bothered by any plan for appeal by Osunbor.
�We heard of the appeal, we are not bothered, because there is enough proof that he won, so by the grace of God, come what may, he will be sworn-in as the governor Edo State.”
Mar212008