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Osun poll: Tribunal upholds Aregbesola’s election

The Election Petitions Tribunal hearing matters arising from the August 9, 2014 Osun State governorship election has dismissed the petition filed by the Peoples Democratic Party governorship candidate, Senator Iyiola Omisore, against the victory of the All Progressives Congress candidate, Alhaji Rauf Aregbesola, for failure to prove the allegations contained in the petition.

In a judgement read for about seven and half hours amid heavy presence of security men at the court premises in Osogbo, the tribunal’s chairman, Justice Elizabeth Ikpejime, said the petitioner failed to prove which provision of the Electoral Act the election contravened.

Omisore had dragged Aregbesola before the tribunal asking the panel to nullify the governor’s victory and declare him winner of the poll.

He had said that the election was vitiated by malpractices perpetrated by agents of the first respondent thus asking the tribunal to sack Aregbesola.

But the tribunal upheld Aregbesola’s victory and said the APC candidate scored 394,684 votes credited to him by the Independent National Electoral Commission, while Omisore polled 292,747 votes.

The petitioner challenged the election result in 939 polling units in 142 wards in 17 local government areas.

The disputed local government areas are Ayedaade, Atakumosa East, Boripe, Ede North, Ede South, Ejigbo, Ifelodun, Ilesa East and Ilesa West.

Others are Irepodun Local Government, Irewole, Iwo, Obokun, Olaoluwa, Olorunda, Oriade and Osogbo Local Government Area.

However, Justice Ikpejime held that the petitioner failed to prove the allegations contained in his petition.

The dismissal of the petition triggered jubilation as APC supporters took to the street to celebrate the victory.

But Omisore’s counsel, Mr. Nathaniel Oke, said though the judgement was binding on his client, there were some areas of disagreements.

He said that his client would appeal the judgement.

Meanwhile, Aregbesola dedicated the victory to the people of the state.

He said in a statement made available to our correspondent that the verdict was the demonstration of the wish of the people.

The governor said in a sane society, Omisore would not have approached the election tribunal because there was no redress to be sought.

“It is pertinent to state here that those who went to the tribunal knew that the petition lacked any substance whatsoever; it is a share waste of the time of the judiciary,” he said.

Omisore urges NJC to probe tribunal members

The governorship candidate of the Peoples Democratic Party in Osun State, Senator Iyiola Omisore, has called on the National Judicial Council to probe the activities of Justice Elizabeth Ikpejime- led Election Petition Tribunal which dismissed his petition against Governor Rauf Aregbesola.

The call came as the petitioner’s reaction to the dismissal of his petition which the three-man panel unanimously agreed could not be proved beyond reasonable doubt.

Omisore, who said this in a statement made available to our correspondent in Osogbo on Saturday by his media aide, Mr. Victor Oriola, said he would appeal the judgment.

He described  the  dismissal of his petition   by the panel as a travesty of justice.

The allegation of corruption came as a surprise to many because one of the counsels to the petitioner, Mr. Nathaniel Oke ( SAN) had commended the panel while closing his case that the panel had maintained their integrity and none of the parties in the case had written any petition against any of them.

Oke reiterated his comment on the integrity of the panel on Friday after the judgment but said while the verdict was binding  on them it was not the final because they had some areas of disagreements.

Omisore’s statement read, “We had thought that the tribunal  members were of impeccable characters when our supporters were calling our attention to unholy liaison between Aregbesola’s agents and tribunal  members.

“Indication that the judgment was procured emerged shortly after the tribunal  began its ruling around10.00am on Friday when APC supporters were jubilating that they had won. It is instructive to note that the tribunal  commenced its ruling at 9.10am and rounded off by 4.38pm.

” The question to ask is: If the APC was not privy to the judgment, why were they jubilating when the tribunal  has not pronounced its judgment?

“The National Judicial Commission  should beam its searchlight on unscrupulous judges who had compromised and desecrated the judiciary with a view to rid our law court of corrupt judges who have penchant for perverting justice.

“We approached the Tribunal with the abiding faith in God that Justice will be done no matter how long it takes and we are unwavering in our belief that the appellate court would do justice to the petition.

“We want to urge our teeming supporters not to despair despite this momentary setback as we shall surely retrieve our mandate in due course.”

It will be recalled that the  President of the Court of Appeal had constituted a three man panel headed by Justice I.M. Bako to try the petition but Bako was removed following a petition written against him.

Justice Sulieman Ambrusa was appointed to lead the panel after Bako’s removal but the APC kicked against this and petitioned the Nigeria Judicial Council that Ambrussa should be replaced.

The entire panel was dissolved and a new panel headed by Justice  Ikpejime was constituted to try the case. Other members of the tribunal which eventually tried the petitioner are:  Justices Vincent Ofosi and A. I. kutigi.

Kano, Kaduna, Lagos top PVC collection list –INEC

Prof Attahiru Jega

The Independent National Electoral Commission has listed Kano, Kaduna and Lagos as the states leading in the collection of Permanent Voter Cards.

The electoral body said it was committed to its earlier position that the Temporary Voter Cards would not be allowed for voting during the next general elections.

The INEC Chairman, Prof. Attahiru Jega, in his submission to the Council of State meeting presided over by President Goodluck Jonathan on Thursday, said the commission would not reverse its decision to use PVCs for the elections in order to enhance the credibility of the polls.

A copy of the submission titled: “Preparations for the 2015 general elections: Progress report,” presented to the Council of State meeting by Jega stated that a total of 45,098,876 PVCs had been collected across the country as of Wednesday.

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A document tagged “Attachment 2” attached to Jega’s presentation claimed that the figure represents 65.81 per cent of the 68,833,476 total number of registered voters nationwide.

The document indicated that 3,190,417 voters had collected their PVCs out of the 4,975,701 registered voters in Kano State representing 64.11 per cent of the registered voters.

In Kaduna State, 2,976,628 voters, representing 87.36 per cent, have collected their cards out of 3,407,222 registered voters.

In Lagos State, 2,267,039 voters, representing 38.39 per cent, have collected their PVCs out of 5,905,852 registered voters.

In Katsina State, 2,245,303 voters (79.40 per cent) have collected their cards out of 2,827,943 registered voters.

Bayelsa State has the least number of voters with PVCs. In that state, 386,125 voters (63.26 per cent) have collected their cards out of 610,373 registered voters.

In Abuja, 464,769 voters (52.73 per cent) have collected their cards out of 881,472 registered voters.

In Ekiti State, 496,536 voters (67.83 per cent) have collected their PVCs out of 732,021 registered voters.

Jega, however, said the commission would not conduct elections with TVCs because they (the TVCs) had no chips and could therefore not be authenticated by card readers.

He added that if TVCs were allowed, millions of people who were involved in multiple registration and whose names had been removed from voters register for the next elections would approach polling units on election days, whereas their names would not be in the register.

The INEC chairman said, “The nation has invested a lot in the Card Readers and Permanent Voters Cards technology and the commission believes that using them in the 2015 general elections would confer remarkable transparency and credibility to the electoral process.

“There have been demands that the commission should revert to the use of TVCs issued during the 2011 registration and the subsequent Continuous Voters Registration.

“The TVCs have no chips and therefore cannot be verified or authenticated by the card readers. Also, there are more than four million cases of multiple registration; people with TVCs, who have been removed from the certified register of voters for the 2015 elections.

“Once the use of TVCs is allowed, many of these people would inundate polling units on election day; their names will not be in the register, and they would start agitation that they have been ‘disenfranchised’ as was the case during the Anambra State governorship elections in November 2013.

“In any case, people who collected PVCs no longer have TVCs because they used them to exchange for PVCs.

“Additionally, a high percentage of voters had to use the attestation forms provided to collect their PVCs due to loss of TVCs on account of floods, insurgency, etc.”

Meanwhile, Jega regretted that due to funding constraints, the commission could not do enough hands-on training for its Presiding Officers and Assistant Presiding Officers on the technology of the PVCs and card readers.