The final declaration of Rauf Aregbesola of the Action Congress of Nigeria (ACN), over his contender, Olagunsoye Oyinlola of the People’s Democratic Party (PDP), as the rightful elected governor of Osun state, in the April 2007 elections a definite breakthrough for the state and the country in general. It is a sure sign that the electoral process is getting ahead for the better.
The decision of the appeal court, sitting in Ibadan, to rule on four out of five points, in favour of Rauf Aregbesola, put a sudden end to a misrule of more than three (3) years in the state, under the leadership of its past governor Olagunsoye Oyinlola.
The Court of Appeal in Ibadan, after doing a critical review decided that Oyinlola did not deserve the position with which he was unlawfully bestowed in 2007. Four out of the five-member panel sitting on the matter decided that out of the thirty (30) local government areas, the results of ten (10) local government areas will be disqualified.
The panel agreed that based on the evidences it was given that, out of the 30 local government areas in the state, only twenty (20) held elections. The remaining 10 local government areas which were said initially to have been part of the results of the 2007 elections held no elections at all.
It was on the results garnered from these 10 local government areas, where ‘ghost’ elections were held that, the incumbent governor at the time, Olagunsoye Oyinlola, based his victory. His ACN opponent, Rauf Aregbesola, however, believed that he was able to capture at least two-thirds of the votes in the 20 local government areas that held the elections.
The power of incumbency, however, still remained with Oyinlola and the PDP. This he proved when he challenged Aregbesola to either produce the police report (one he claimed Aregbesola had forged) which he presented before the Appeal Court in Ibadan or drop the case, so that peace could reign in the state. This, however, did not dampen Aregbesola’s resolve to see justice delivered promptly.
Aregbesola then sent a petition to a five-man Elections Petitions Tribunal established by the Supreme Court to listen to the case.
The elections tribunal chairman, Alli Garba, in May 2010 upheld the election of Oyinlola, and dismissed the petition of Aregbesola on the ground that the petition lacks merit and substantial proof. Aregbesola, nevertheless, went ahead to prove beyond reasonable doubt that the mandate rightly belonged to him.
He decided, therefore, to appeal the result of May 2010, with the belief that the mandate was not given to the right man. He insisted that, since elections did not hold in 10 local government areas that the results of those areas be cancelled, while the results remaining 20 local government areas, that had the elections held in them, be used as yardstick for judging the April 2007 elections.
After much ado, the new five-member panel on Friday, November 26, 2010, declared the supposed elections that were thought to have taken place in those 10 local government areas were regarded null and void. While, using, the other 20 local government areas where election took place to base their judgement, they came to a conclusion on whose mandate was stolen and whose it really was.
Aregbesola was declared the winner. The joy of the indigenes of the state knew no bound. They had prayed for this justice and had their prayers answered. They were tired of being ruled by the person who had no right ruling them. Kudos, they gave all the way to the birth of just and true electoral process.
If truly the five-member panel based their judgement on only 20 local government areas that Aregbesola has won, what of the other elections, the legislative for example, that took place in the state? It might have been better to have a re-run of all elections, including the elections into legislative positions, in the state.
On the other hand, the tribunal should have reviewed the legislative elections based also on the 20 local government areas that the elections were said to have taken place.
While celebrating with the people of Osun state on justice well delivered, it is important to bring to the attention of the electoral commission that their work is not done yet. They need to do a total overhaul of the electoral process in Osun state.
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