Election Petition Tribunal: One month gone and Chairman yet to arrive
The governorship election petition filed by Senator Rasheed Adewolu Ladoja of the Accord Party against Governor Abiola Ajimobi; the declared winner of the last gubernatorial election in Oyo State is yet to make headway with the absence of a substantive chairman to preside over the pre-hearing.
At the last sitting held on July 6, the lead counsel of the petitioner; Pastor Richard Ogunwole, SAN told CEOAFRICA in an interview that he was very optimistic that the Federal Court of Appeal would make arrangements to ensure that the newly appointed chairman arrives for the pre-hearing which was expected to take place on July 10
The application which had been filed over three weeks ago is yet to go through pre-hearing due to the absence of a substantive Chairman. It should be recalled that at the last sitting which was held on July 6, attempt by a member of their Lordships to preside as the acting chairman was rejected by the lead counsel of the petitioners on the ground that such action had no constitutional backing.
The tribunal’s sitting on the 6th of July, with its acting Chairman, Justice Mahmud I Karaye, lead counsel for Senator Ladoja, Pastor Richard Ogunwole, SAN, had raised the dilemma surrounding the constitutional provision as spelt out in paragraph 24 of first schedule of Electoral Act 2010, (as amended) which as a result would make any decision reached by their Lordships look more like a charade. It was to this effect that the tribunal adjourned the session till July 10.
At the tribunal’s sitting held on July 10, the acting Chairman; Mahmud I Karaye urged the petitioners to understand the unforeseen circumstances which might have hindered the newly appointed Chairman from leaving his place of jurisdiction. He further noted that when considering the fact that the forthcoming Ramadan celebration was barely a week away, it would be better if the tribunal adjourned till July 10.
Pastor Richard Ogunwole was however averred to the suggestion of their Lordships, insisting that the chances of the newly appointed chairman arriving before the Ramadan ends could not be completely ruled out. He therefore urged their Lordships to afford room for the tribunal to sit on Tuesday, 14/07/2015 so that they can go through the pre-hearing.
The lead counsels of Governor Abiola Ajimobi; Chief Wole Olanipekun, APC, Chief Oluwarotimi Akeredolu as well as that of the Independent National Electoral Commissioner and Oyo INEC Resident Electoral Commissioner, Barrister Adeboye Shobanjo, were however not averred to the suggestion of their Lordships that the session be adjourned till Tuesday, 21/07/2015.
With the seeming unwillingness of Pastor Richard Ogunwole to yield to the suggestion of their Lordships, Chief Wole Olanipekun rose telling their Lordships that it was an insult on the sensibilities of their statuses as seniors in the profession to come for a Petition Tribunal knowing well that the substantive Chairman would be absent. He reminded Pastor Ogunwole, SAN that the press was taking note of the brick wall they have been encountering and thus; would not sound well if the tribunal holds again without the substantive Chairman. He therefore taunted Pastor Ogunwole, urging him to fast and pray that the substantive Chairman would come before July 21.
Their Lordships finally convinced Pastor Ogunwole that July 21 was the most realistic date in which the session could be adjourned to.
After the court session, Pastor Ogunwole told CEOAFRICA that at the last adjournment, they were told to do a follow up to see the President of the Court of Appeal about the appointment of a new chairman for the governorship tribunal in Oyo State.
He said further: “In actual fact, I went on Wednesday and the president of the court of appeal assured us that by Wednesday or latest, Thursday, the new Chairman would receive his letter. I also told her that our case is for today and she told me that she was not too sure if the chairman would be able to resume today’’
When asked what he would do if by July 21, the Chairman is yet to arrive, he said: ‘’I don’t think that will happen. I believe the judiciary is much disciplined. I am certain that the president, court of Appeal would have sent the letter as she told me on Wednesday. I am also certain that the new chairman know the importance of time as it concerns election petitions. So far so good, we have lost almost a month just on the issue of a substantive Chairman and this is giving us so much concern. This is why I believe that the new chairman wouldn’t be shoddy with time. He would definitely be on ground come Tuesday’’
On the issue of whether he suspects any form of partisanship on the path of the Judiciary, he quashed the suggestion affirmatively insisting that the judiciary is much disciplined.
“There is qualification for being the Chairman. The president categorically told me that those that were being sent were not qualified to be the Chairman. The President of the Court of Appeal was quite oblivious of the fact that the former Chairman was nearing his retirement age. If she had known, she wouldn’t have sent him to Ibadan. So it was no game as far as I can say” he said
“Don’t overstretch the patience of the people of Oyo State – Dr Adeniran
The Publicity Secretary of Accord Party in Oyo State, Dr. Nureni Aderemi Adeniran in a press briefing warned authorities concerned not to incite unrest with the procrastination of the resumption of a substantive Chairman at the ongoing Governorship Petition Election Tribunal in the State.
“At the tribunal today, it became very obvious that a ploy is being made to frustrate the governorship petition in Oyo State. Accord as a political party is saying this with all authority that it is a condemnable act. It is going to about two months since the commencement of the governorship petition in Oyo State and still, we don’t have a Chairman. at the last adjourned date, there was a promise that efforts would be made to ensure the Chairman comes.
We are saying this on behalf of the party that the good people of Oyo State are keenly watching what is going on at the tribunal. We want to appeal to whichever authority that is in charge not to overstretch the patience of the people of Oyo State. The only major reason why we still have peace as regards the elections we had in March and April in Oyo State is because Oyo State people are very cultured, civilized and they believe in justice. They believe that whatever justice they have been denied can be given to them at the tribunal when they come for the petition.
But with the way things are going, it is become very obvious that something is happening somewhere this petition. Accord as a political party is not going to take it lightly and the good people of Oyo State are watching. We don’t want anybody from whatever palace or quarters to frustrate and overstretch the patience of the people of Oyo State. Oyo state did not witness any uprising after the election not because the result was satisfactory to the people but because people believed that they would get justice when they come to the tribunal. From the way the tribunal went today, it has become crystal clear that some people are toying with future of the people of Oyo State and it would not be taken lightly by these people. The position of Accord Party is that efforts should be made for proceedings to commence in full swoop” he said
When CEOAFRICA reminded Mr Adeniran of the position of the lead counsel of Senator Ladoja on the fairness of the Judiciary, he further said:
“He is the leading counsel for the petitioners while I am speaking the minds of the party in the State. We as a party do meet with the people. We know how agitated about the injustice done to them. You will also agree with me that at every adjourned date, people troop out en mass to come and witness this petition. You will also agree with me that many of them are being denied access at the gate because of their population. If that is the situation, we cannot afford to toy with the emotions and patience of these set of people because they are also human.
I told you earlier that we have peace simply because they believe that they can get justice in the tribunal. When the justice they anticipate now begins to drift at the wrong direction, you know what that could lead to. We sincerely do not want anyone to foment trouble in Oyo State and neither are we ready to court trouble. Anybody anywhere, should not through some actions or inactions overstretch the patience of the people.
It is very true and correct that there are certain qualifications for whoever is going to be the Chairman of panel must possess. But you also would agree with me that this thing is not just by accident. They knew that there was going to be an election petition. A date was assigned, the election was conducted and the provisions of the electoral are are very clear. Within a specified period of time, the petitioners should file in their petition after which the respondents are also expected to file in their reply. Within this period, everything is expected to be arranged following the rules of the court and the rules of the electoral act.
When this happens, the concerned authorities know that all necessary things should be put in place. Fine, they said the former Chairman retired but still, what on earth could be delaying them for this long from appointing a substantive Chairman? We have been coming here adjournments after adjournments only to listen to the same old story. Accord Party is sincerely not comfortable with the way the Governorship Petition in Oyo State is going and neither are the good people of Oyo State comfortable with it” he stated.
