Tuesday, December 7, 2010

Osun Election: Justice with a high price tag

Osun Election: Justice with a high price tag

By Felix Adewumi

Background

Three and half years after the April 14, 2007 gubernatorial election in Osun State and two years after a telephone conversation scandal rocked the judiciary in Nigeria, Engineer Rauf Aregbesola was finally declared winner of the election.

However, for Aregbesola, justice came with a high price tag as he was made to go through lots of hassle and embarrassment on the road to victory.

Osun election petition tribunal was the most interesting tribunal of the 2007 election with interesting stories coming out of the state.

Osun Drama

In 2008, About a year after the first election tribunal was constituted, the first drama broke out in the state when The News newspapers revealed an illegal telephone conversation between Chief Kunle Kalejaye (SAN), counsel to erstwhile governor Olagunsoye Oyinlola and Justice Joe Ekanem, the tribunal chairman.

This conversation was said to be purportedly conducted to pervert the course of justice and while urging the Economic and Financial Crime Commission (EFCC) to investigate all SMS, voice messages and other related communications data in order to determine the level of complicity, the Action Congress (AC) alleged that the communication compromised the integrity of the tribunal members.

However, in a twist of event, in 2009 Aregbesola suddenly found himself in trouble with the police after he was alleged to have forged a police report for the election tribunal. He was subsequently arrested and arraigned before a High Court in Abuja.

While it took the EFCC several years to investigate and prosecute those involved in the alleged telephone conversation in Osun State, the Nigerian Police were very ‘effective’ in investigating and bringing a forgery case against Aregbesola.

In the charge, Aregbesola and one Yinka Okedara, a lawyer were said to have forged a police letter head paper for the security report on the 2007 election in Osun State contrary to section 364 of the penal code and tendered it before the court of Appeal in Ibadan.

Road to Victory

While the battle for the soul of Osun raged on between the PDP and AC, drama started in Osun State when Aregbesola filed a 1004 page petition contending that the Independent National Electoral Commission (INEC) and the police colluded with the Peoples’ Democratic Party (PDP) to rig the election in favour of Olagunsoye Oyinlola.

However, Aregbesola’s petition included forensic analysis of the ballot papers used for the election to prove that the poll in 10 councils did not follow the electoral law thus setting the stage for the use of science to prove election rigging.

However, in February, 2008, the electoral petition rejected the forensic evidence and on July 15, 2008 dismissed the AC candidate petition entirely, but in March 2009, the Court of Appeal in Ibadan upturned the decision of the tribunal and ordered a retrial of the petition at election petition tribunal.

Howbeit, in May 2010, a newly constituted election tribunal in the State again dismissed the petition of Aregbesola for lacking merit,

Not undaunted with the force against him coupled with the criminal charge levelled against him, Aregbesola headed to the Court of Appeal in Ibadan to appeal the judgement thus the stage became set for a final showdown at the appellate court as the judgement was expected to bring an end to the unending legal tussle for the soul of the state.

However, with results coming from Ekiti state election, Delta State election and the Ondo State of 2009, there was cause for anxiety that the Court of Appeal was apparently set to correct most wrongs of the 2007 election.

Reactions and Mix feelings

Mr Wahab Shittu, a Lagos lawyer while commending the decisions of the appellate court declared Aregbesola’s victory as a victory over perseverance and patience.

Shittu however lamented the fact that it took the judiciary three and half years to correct the anomalies.

“We all know that justice delayed is justice denied, the long period this is taking before justice is gotten in Nigeria is an indictment on the justice system. This should not be allowed to continue” Shittu said.

Shittu also reiterated the call that for reform of the justice system stating that the judiciary ought to be tinkered upon so that future cases can be decided upon in time.

Echoing the call of Shittu, Mr Ebun Adegboruwa, a Lagos lawyer stated that the judgment itself constitutes an embarrassment to the legal profession, the judiciary and Nigeria as a whole as it shows how slow the judiciary is.

Adegboruwa also expressed his displeasure over the fact that the judgement was coming just days after the times table for the 2011 elections have already been released and contestants have already been warming up for the election.

“It is so heartrending to note that judgement is coming after the time table for the coming election has been released and contestants are already emerging. The court of law should be reformed to ensure that petitions are heard in time” he said

While saluting the courage of the AC and all progressive politicians, he urged them to make to the most of it and show shy the electorate put their faith in them.

In the same vein Mr Adeshina Ogunlana, a lawyer and publisher of The Squib, a weekly watchdog of the judiciary, noted that the judgement shows that truth will always prevail over deceit.

Ogunlana was also of the view that election fraudster should be made to face the music and the court of law so as to serve as deterrent to others.

He called for the authorities to ensure that election riggers are arrested and tried before a court of law since it is obvious that a large number of politicians rigged their ways into power.

“This is one thing we should look into, riggers should not be allowed to just go free, Oyinlola and Segun Oni spent three and half years in their state, and they expect us to just overlook that, that should not be allowed at all if we really want progress in the country.

A fact is becoming obvious from the spate of election annulment in some states in Nigeria: INEC has a difficult task ahead of them as they tends to balance the various elections times table in Nigeria starting from the Anambra State election.

States like Anambra State, Edo State, Delta State, Ekiti State, Ondo State Osun State and Rivers State may not participate in the 2011 gubernatorial elections as the annulments of election in those states brings out the possibility of the new governors’ term starting from the date of annulment.

Conclusion

It took Aregbesola three and half years to win the soul of Osun State, just six months before the next gubernatorial election. As pointed out by Adegboruwa, other aspirants for the 2011 elections have no other option to wait for the next four years while Aregbesola run his term.

However, it remains to be seen how INEC will handle the scattered electoral timetable in the country and ensure a free and fair election in 2011

No comments: