Date Published: 02/28/10

Ekiti Tribunal: The Dilemma Of A Petitioner By Kunle Ologunodo

When the Action Congress (AC) governorship candidate in Ekiti State, Dr. Kayode Fayemi announced that he was heading for the tribunal to challenge the outcome of the April 25 and May 5, 2009 rerun governorship election in the State, the impression that was created was that the case would be won and lost within three months. Fayemi even boasted then that the Engr. Segun Oni-led Peoples Democratic Party (PDP) government would be the shortest in the State.

However, over eight months after the petition was filed, those who had thought that they were going to get the tribunal judgment with a snap of their fingers cannot but be in a dilemma now. And as the tribunal resumes its sitting this week, what must be going on in the minds of parties to the case, especially supporters of the AC would be; when and how will this legal tussle end? This is bearing in mind the fact that the party (AC) and its members are not speaking with one voice at the tribunal.

As at the time the tribunal sitting was adjourned two weeks ago, over 100 witnesses had been called by the respondents. Ironically, many of these witnesses were members of the AC, who served as the party’s agents during the election.

Leading the barrage of AC members that gave evidence against Fayemi was one Omodan Afolabi, who served as polling agent in Unit 005, Ipoti Ward A. Omodan, who was the Respondent Witness (RW5) stated in his Statement on Oath adopted at the tribunal that contrary to the claim by his party (AC), he was not prevented from voting.

Omodan, who came to the tribunal armed with his AC membership card and his polling agent accreditation noted that the AC chairman for Ipoti Ward A, Ijero Local Government Area, Kareem Ibrahim issued him the polling agent accreditation card.

When asked by counsel for the 2 nd respondent, Mr. Joe Gadzama (SAN) whether he voted on the day of the election, Omodan said; “I voted on the day of the election.”

He stated further that the conduct of election in his polling unit was peaceful.

Asked to produce his voter’s card as a proof that he actually voted during the rerun governorship election, Omodan brought out his voter’s card but his attempt to tender it as exhibit was opposed by counsel to the petitioner, Chief Niyi Akintola (SAN), arguing that the document was not frontloaded in accordance with the Practice Direction. His objection was upheld by the tribunal Chairman, Justice Hamma Barka.

Omodan’s attempt to tender his AC membership and polling agent accreditation cards was also opposed by Akintola, who noted that the documents were not pleaded by the respondent.

Following Omodan’s footstep was Jimoh Ahmed, another member of the AC, who was also the party’s polling agent in Olope/Emila/Ajisun Polling Unit 005, Ipoti Ward B, Ijero Local Government.

Ahmed, who was the Respondent Witness (RW 6) told the tribunal that he acted on the instruction given to them at Isan Ekiti, Fayemi’s hometown during a seminar to ensure that there was no multiple voting.

When asked by Adeniyi that; “You are only summoned to come and give evidence against AC because of your loyalty to Navy Captain Olubolade,” Ahmed answered: “I am a member of AC, I was at the meeting of my ward last Sunday.”

 Ahmed also told the tribunal that himself and other agents of the AC were given red vests during the seminar held in Fayemi’s Isan Ekiti country home and recalled that slogan of the AC was “rig and roast” during the election.

Counsel to the second respondent (PDP), Obafemi Adewale had asked Ahmed that; “On the day of the election, apart from AC identity card, was there any other thing that was common to you,’’ to which he (Ahmed) answered; “Yes, we wore red T-Shirt” and he showed  the vest to the court.

Adewale further asked that; “The red T-shirt was specifically given to you to identify you as AC agent and Ahmed said; “Yes, it was given to us at Isan during the seminar.”

Asked again that; “You said the seminar took place in Fayemi’s house, is it the same candidate of AC and petitioner in this case, Ahmed said yes.

Ahmed’s testimony was corroborated by another AC agent, Dare Fagboun, who told the tribunal that all agents of the AC wore red T-shirt on the Election Day.

Fagbohun, RW7, who said that he was not forced to sign INEC Form EC8A after completion of voting and that law and order was maintained by the police, added that PDP won with a total of 137 votes at his polling unit.

And when supporters of the AC were still in dilemma as to why members of the party chose to testify against it at the tribunal, another AC chieftain, an Organising Secretary of the party for Ifaki-Ekiti Ward I, Emmanuel Jimoh Ajayi sounded what appeared as a death knell to Fayemi’s petition when he told a puzzled audience, including fellow AC members that he voted for the PDP during the election.

Ajayi, a photographer, who was the Respondent Witness (RW48) said despite being the AC Organising Secretary, he voted for PDP in the rerun governorship election because the party’s candidate hailed from Ifaki-Ekiti and that; “The love of party is different from the love of my kinsman, moreso that the great job Engr. Segun Oni has been doing in Ekiti and in Ifaki in particular pressed one to vote for him.”

When asked by Chief Anthony Adeniyi, counsel to Fayemi why he (Ajayi) joined the AC in the first instance if it was not to ensure that his party (AC) won the election, Ajayi said; “Yes, I am a member of the AC to ensure that we win. But it would not be out of place to support my kinsman to win an election that will be of benefit to me.”

Ajayi also faulted Fayemi’s claim that AC members were chased out of Ifaki, before, during and after the election, maintaining that; “if anybody particularly from my party, the AC had come to the tribunal to say that there was no election in the polling unit where I voted, such persons must have lied.”

But if Ajayi’s testimony was regarded as the death knell, that of Niyi Fatokun was catastrophic.

Fatokun, RW101 and a close ally of the AC Senatorial candidate for Ekiti North, Mr. Olu Adetumbi told the tribunal that himself and other members of the AC in Ifaki Ekiti voted for the PDP as directed by Adetumbi, who also hails from Ifaki Ekiti.

Under cross examination by Adeniyi, Fatokun was asked if he knew the over 700 AC members in Ifaki Ekiti, Fatokun debunked the claim, saying; “those of us that remained in the AC in Ifaki Ekiti are just 19.”

When Adeniyi asked further that; “out of that 19 AC members, he did not vote for the AC in the rerun election,” Fatokun said; “On the 22 nd of April, two days before the election, Olu Adetumbi invited 19 members that were remaining in the party in Ifaki and he (Adetumbi) said Governor Segun Oni is his friend and that we should vote for PDP because of him (Oni). That was why we voted for PDP.”

Adeniyi also asked the witness that the same Adetumbi that told them to vote for PDP also took him and some members of the AC to make statements in support of the petition of Dr. Kayode Fayemi, Fatokun retorted; “Yes my Lord. The list of the people they mentioned in my statement on oath were the same people that were taken to one hotel to give evidence against Segun Oni.

“Olu Adetumbi and Yemi Adaramodu took us to one Josemilia Hotel in Akure where they had already prepared a statement for us to sign but I refused to sign the statement.”

Asked by Adeniyi again if he would not regard Adetumbi, who told them to vote for Segun Oni in one breath and again asked them to testify against him as a bad man, Fatokun said; “Adetumbi is not a good person at all.”

Irked by the witness’ answer to his question on the reputation of Adetumbi, Adeniyi asked Fatokun if it was morally right to deny his benefactor and precisely somebody who gave him a bus, to which Fatokun answered; “I stood by him but the indigenes did not want him because of his bad character.”

Fatokun also revealed that Deputy Speaker of the State House of Assembly, Hon. Saliu Adeoti invited himself, one Femi Ojurongbe (PW14) and other AC party agents to Ido-Ekiti at about 5:30 pm with the intention of disrupting the collation of election results.

And as if the testimonies of AC members against Fayemi were not enough a dilemma, the tribunal was treated to yet another drama when it was told that the INEC voters register for Polling Unit 004, Ipoti Ward B tendered by Fayemi and admitted by the tribunal as Exhibit 31 (11) was doctored.

Mr. Adebayo Shuaib, RW112, who served as the Presiding Officer for the polling unit told the tribunal that the authentic document contained 20 pages as against the one tendered by Fayemi, which had 18 pages.

Asked under cross examination to go to pages 16 and 19 of the documents tendered by Fayemi, the INEC official told the stunned court that the two pages (16 and 19) were missing in the document but admitted that the same document tendered by Fayemi had 20 pages boldly written on its cover to indicate that it was 20 pages.

The complete version of the register tendered by Shuaib was thereafter admitted by the tribunal as exhibit 159.

Ologunodo, a public analyst writes from Okemesi-Ekiti