Former governor of Osun State, Ogbeni Rauf Aregbesola has declared that the judgment delivered by the Osun State Election Petition Tribunal nullifying the election of Gboyega Oyetola as governor cannot stand the scrutiny of the law.
In a statement published in a national daily on Thursday, Aregbesola argued that the decision to hold or not to hold a supplementary election in the state to decide the winner of the governorship election is that of the Independent National Electoral Commission (INEC) alone.
He submitted that the majority judgment which nullified the election of Oyetola cannot stand because you cannot build something on nothing.
The former governor argued further that the leg on which the majority members of the tribunal based their judgment was on the fact that INEC failed to comply with its own manual of recording data for the accreditation and ballot accounting. He submitted that this cannot be blamed on the All Progressives Congress (APC) or the Peoples Democratic Party (PDP).
”Therefore, the most relevant question one would pose here is: should the tribunal allow the APC to suffer as a result of the mistakes or omissions occasioned by the INEC staff? Certainly no! It is rather shocking to good conscience that APC will be penalized for the error or mistake of INEC and its staff in this regard, even when there is evidence of validly conducted and concluded elections in the 17 polling units, especially where no miscarriage of justice has been shown to have been occasioned.”
According to Aregbesola, INEC had the vires to conduct another election in the face of the margin of win during the first election on 22nd September 2018.
”The principle behind this is impeccable. Supplementary election is meant to bring inclusiveness; to prevent the spectacle of disenfranchisement of citizens; and give them a voice and choice in choosing their leaders. This is the very soul of the democratic project. Election cannot be said to be democratic if a large swath of people whose choice could have made a difference were left out of the exercise.
”Osun was not the first place where this rule would be applied. It had already been used five times prior to Osun. First in Anambra (2011) between Prof. Dora Akunyili and Dr. Chris Ngige; second in Anambra again (2013) between Governor Willie Obiano and Dr. Tony Nwoye; third in Bayelsa (2015) between Governor Seriake Dickson and former governor Timipre Sylva; fourth in Kogi (2015) between Governor Idris Wada and Governor Yahaya Bello, and lastly in Imo (2015) between Governor Rochas Okorocha and Honourable Emeka Ihedioha.
”In all these instances, supplementary elections were held in similar circumstances. For one reason or the other, elections were cancelled and the margins of leading were less than the total number of votes in constituencies where votes were cancelled. In the Kogi case, the matter got up to the Supreme Court where the apex court affirmed the power of INEC to declare the election inconclusive and conduct supplementary ones.
”Therefore, INEC had the vires to conduct another election in the face of the margin of win during the first election on 22nd September. We find it gratifying that the chairman of the tribunal recognised these principles of law and concluded that section 140 (2) does not permit the tribunal to deduct votes and declare a winner.
”It is in view of the foregoing that we are going to vigorously pursue appeal against the judgment. We have the firm confidence that it will be upturned,” he stated.
PM NEWS
