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Oshiomhole
Emerge New Governor For Edo
Edo
People’s Mandate, Real
It was wild jubilation in Benin City last week, the Edo
State capital, as the Court of Appeal affirmed the
decision of the lower tribunal which had earlier
declared Oshiomhole as the winner of the election.
The historic judgment of the court ended the one and a
half-year-old government of Prof. Osunbor.
After the judgment was delivered, thousands of people
who defied the restriction movement order placed by the
government stormed the streets of Benin celebration as
soon as the court made its pronouncement in the judgment
broadcast live by the Nigeria Television Authority (NTA),
African Independent Television (AIT) and other
television stations.
While delivering the unanimous judgment, President of
the Court of Appeal, Justice Umaru Abdullahi, dismissed
all the grounds of appeal filed by Osunbor, describing
them as lacking in merit.
Upholding the decision of the lower tribunal which
declared Oshiomhole as the elected Governor of Edo
State, having scored the highest lawful votes in the
election, the Appeal Court held that the AC governorship
candidate satisfied the electoral requirements to be so
declared, having scored at least 25 per cent of the
votes in two-thirds of the local government.
Oshiomhole is hereby declared Governor of Edo State,
Justice Abdullahi said, and ordered the withdrawal of
the Certificate of Return issued to Osunbor, just as he
also ordered the immediate swearing-in of Oshiomhole.
The court, while reviewing the decision of the lower
tribunal, disagreed with the appellant's submission that
the tribunal was wrong in annulling their votes in some
local governments during the recount of some votes
during the hearing of Oshiomhole's petition.
It held that the lower tribunal did not annul votes, but
merely cancelled voided votes, and that the tribunal was
right to have relied on the documentary evidence
provided by INEC to arrive at its decision in
determining the winner of the election.
The most reliable evidence is documentary evidence, the
tribunal was right to have relied on documents provided
by INEC, Abdullahi said.
The Appeal Court also upheld the decision of the lower
tribunal in all the points canvassed, and held that the
allegations of multiple registrations and voting were
proved beyond reasonable doubts by the respondents (Oshiomhole
and AC).
Multiple registrations and voting were not only proved,
but proved beyond reasonable doubt. The tribunal was
therefore right to hold same, the court held.
Just after the court affirmed the decision of the lower
tribunal, tears rolled down Oshiomhole's cheeks.
Earlier, the court had dismissed all the five grounds of
interlocutory appeal filed by Osunbor, the PDP and INEC,
challenging the ruling of the lower tribunal in an
earlier preliminary objection raised by them.
Soon after the judgment was delivered, Chief Wole
Olanipekun (SAN), lead counsel to Oshiomhole, applauded
the efforts of the judges and said: This is not a case
of winner or loser.
On his part, AC's lead counsel, Mr. Ricky Tarfa (SAN),
said: The industry demonstrated by the judges will go a
long way to strengthen democracy in Nigeria.
Also reacting, Osunbor's lead lawyer, Chief Lateef
fagbemi (SAN), commended the Judges for straining
themselves in hearing and deciding the case in record
time. We thank you. You don't win all the time. We have
lost today, he said
The PDP lead counsel, Chief Ighdalo Imadegbelo, urged
Nigerians to respect the rule of law, adding: “We
respect the judgment”
Reacting to the comments of the counsel, Justice
Abdullahi described the case as of the best he has
handled and commended them (counsel) for their industry,
saying: “I think this one is one of the best cases I
have taken.”
He urged lawyers to continue to be industrious as judges
rely on them to develop the law.
Immediately after the Court of Appeal pronounced
Oshiomhole as winner, he described his victory as
"victory for democracy, for the judiciary and for the
rule of law".
Meanwhile, Osunbor conceded victory, saying he received
the judgment with mixed feelings. He described it as
victory for the rule of law. “As a believer in the rule
of law and as a lawyer, we accept the verdict in good
faith.”
“In my few months in office, we did our best in office
and left no one in doubt that my purpose in office was
to deliver Edo State from the shackles of
underdevelopment.
“My action and development strides are eloquent
testimonies to make the difference in the minds of the
people.”
While congratulating Oshio-mhole for his victory, he
urged him to do his utmost to promote the interest of
the people and the people.
Also, Oshiomole, who was sworn in last Wednesday by 10am
at the Samuel Ogbemudia Stadium, Benin City, promised to
repay the people of Edo State with good governance.
Below are excerpts of Oshiomhole's chat with reporters
What is your reaction to this victory?
We give thanks to God, we thank Justice Abdulahi and his
colleagues for the courageous decision, for the effort
they have made, to revalidate the mandate that was given
to us and I dedicate this to all the people of Nigeria
because of their support, prayers, efforts and otherwise
have made today (yesterday) possible.
I don' have words to express the depth of my gratitude
but today I want to say that in all, this country is
worth dying for, today I have benefited from a
courageous judiciary and I have the duty to ensure that
the good people of Edo state who have stood by us over
the past two years, who have suffered all kinds of
deprivation that now that we have opportunity, we will
repay them through good governance and ensure that in
all that we shall do, only the people and people alone
shall matter in our administration. I want to thank you
the media for all the support you have given I know how
much you put in to ensure that our side was heard in the
face of all the manipulation by our opponents and as you
can see, they say tough times don't last but tough
people do. Today, the truth have prevailed and I am
happy that I have been able to fulfil one of the very
first promise we made to Edo people that we will defend
their votes, today the votes have counted, for the first
time in the life of Edo people, they can beat their
chest to say this government was the result of our
ballot paper, I will give thanks to god for that.
We thank justice Abdulahi and his team, we thank justice
Orilonise who heard at the case at the election tribunal
and we thank all the Nigerian people who have been
praying for us and to them we dedicate this victory and
the struggle for a better Nigeria .
How do hope to cope with house of assembly where the PDP
has the majority?
Everybody that has allowed the people to vote for him
has really done that on the basis that he is going to
work for the good of the people, this state is greater
than the PDP, it is greater than the AC, it is greater
than the ANNP it is greater than all the political
parties and I think our commitment to serve overrides
partisan commitment so I do not have any fear that those
young men and women who are in the house recognises that
it is time to work for Edo people and we will provide
the leadership for that.
Do you hope to form an all inclusive government?
Like I said the state is greater than all the political
parties put together, therefore the challenge of
grabbing the changes that we envisage dictates that we
must go beyond our party platform to source for human
capital with which we will drive the changes that we
have in mind so political affiliation will not be the
main consideration, Edo people want us to work and we
will get the best that is available.
Osunbor congratulated the new governor, saying that he
did his best in the 18 months that he was in charge.
He said: "I received the judgment with mixed feelings,
although many must have been disappointed by the
judgment, we should see it a victory for the rule of
law. As a believer in the rule of law and a lawyer, I
accept the verdict in good faith, more so since there is
no further right of appeal.
"During my 18 months as governor, I left no one in doubt
that my main purpose for seeking to serve was to deliver
Edo State from the shackles of underdevelopment and
infrastructural decay. My actions and developmental
stride bear eloquent testimonies to this. While
congratulating Comrade Oshiomhole on his victory, I urge
him to do his utmost to promote the interest of the
people and the development of our state."
Osunbor also thanked organised labour, students, "the
people of Edo State, the Oba of Benin for his fatherly
advice and support, PDP, and God Almighty. I believe
everything happens for good to those who trust in the
Lord."
The Publicity Secretary of the PDP, Nosa Adams, said the
party accepted the verdict in good spirit but said it
would bounce back to reclaim power. He, however, said
the Osunbor was a liability to the party.
"We take the verdict in good faith and we will struggle
to reposition our great party to face the challenges
ahead and we are sure we will recapture the state in
future elections. Every party member should remain calm,
we are intact, and we will again take over the control
of the state. Everybody should continue to co-operate
with the party", he said.
The Benin National Congress, a social cultural group,
also hailed the ruling of the panel.
In a statement by the association's secretary general,
Mr. Omowemwen Imadiyi, the group "praised the judiciary
for the land mark judgment and has proved to Nigerians
that they are the last hope of the common man." The
group also praised President Yar'Adua for his strict
adherence to the rule of law even at the midst of
pressure on him by politicians to succumb to their
selfish and parochial interests which he resisted.
"This epoch-making event in the history of Nigeria will
serve as a deterrent to our politicians to desist from
the act of rigging elections and make credible Nigerians
to rise to the occasion in elections for the service of
the people and they will be sure that INEC will be fare
to all concerned", the statement said.
The National Secretariat of the AC hailed the Court of
Appeal sitting in Benin City for doing the right thing
by upholding Osunbor's nullification of the election and
confirming Oshiomhole's declaration as the duly elected
governor of the state.
In a statement issued in Abuja yesterday by its National
Publicity Secretary, Alhaji Lai Mohammed, the party said
that the Court of Appeal ruling confirmed the
widely-held belief that the judgment of the lower court,
delivered in March, was sound and beyond reproach.
It said there was no doubt that the judgment will go a
long way in shoring up the image of the judiciary, which
seems to have taken a battering in recent times over
some curious and inexplicable judgments on the 2007
general elections.
The AC thanked the people of Edo State for persevering
and for staying calm, despite their palpable frustration
over the unusually long period it took for them to
finally get justice.
The party assured them of great days ahead, as Governor
Oshiomhole begins the hardwork aimed at ensuring that
the good people of Edo State enjoy the much-awaited
dividends of democracy and the lost glory of the state
is restored.
"Now, the people of Edo will begin to have a taste of
what Lagos residents have been enjoying under the AC
administration: Good governance!" it said.
The AC thanked all its supporters nationwide for their
continued belief in the party and its leadership, urging
them to continue to keep the faith and remain calm until
the party achieves victory in its presidential election
petition at the Supreme Court.
He added: "We are committed to the enthronement of
genuine democracy in Nigeria for the benefit of our
long-suffering people, no matter how long it takes to
achieve. We have absolute confidence and faith in the
people to join us in bringing about the much-desired
change for the better in our dear nation. We know we
can, and we will!"
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