Appeal Court Sacks Ekiti State Governor

The Court of Appeal, sitting in Ilorin, Kwara state, this afternoon, sacked Engr. Olusegun Oni(PDP) as governor of Ekiti state.

The court also ordered fresh elections in 10 out of the 16 local councils, to know the actual winner of the 14 April, 2007, polls in the state.

The decision of the court climaxed the appeal filed by Dr. Kayode Fayemi, candidate of the Action Congress (AC). Dr. Fayemi had appealed against the verdict of the election petitions tribunal, which, last year, declared Oni winner.

The Musa Datti-led court, after a long delay, began delivering the judgement around 12.30p.m., though the ruling was read by Adiza Gana Mshelia. The panel of judges earlier went into recess twice purportedly to deliberate over an application by a candidate of the ANPP.

Fayemi had lost the first ground of his appeal as the court ruled that he was unable to prove that it was Oni who sent people to disrupt the election.

Fayemi also lost two other grounds. The court said he failed to prove substantially, non-compliance with the electoral law.

The table, however, turned against governor Oni.

The venue of the ruling was, this morning, jam-packed with supporters of Fayemi and governor Oni.

Security was tight around the court as everyone was frisked by heavily armed policemen.

Meanwhile, back in Ado-Ekiti, the Ekiti state capital, the people were anxious to know the situation back in Ilorin.

Because the ruling was not relayed on TV, many were frantically making calls to Ilorin to keep abreast of the development.

There was wild jubilation at the governor’s office, in Ado-Ekiti, this afternoon, when news of the rejection of some of the grounds of the appeal emanated in court.

P.M.NEWS’ correspondent had earlier sighted governor Oni exuding confidence while arriving his office around 9:20 a.m., in company of his aides and some of his commissioners.

The governor later received a former PDP Vice Chairman (South-West), Yinka Omilani, and some PDP chieftains who paid him a solidarity visit. The state election petitions tribunal had, on 28 August, 2008, awarded victory to governor Oni and dismissed the petition of Fayemi, who had asked the tribunal to declare him winner for scoring the highest number of lawful votes.

Not satisfied with the ruling, Fayemi headed for the court of appeal to challenge the ruling and filed a 28-point ground against the affirmation. In his appeal, the AC candidate asked the appeal court to determine, among others, whether the tribunal is not wrong in deducting his votes when there was no cross petition or prayer to that effect.

Fayemi also wanted the appellate court to determine whether the tribunal was not wrong by jettisoning the expert evidence of his witnesses on the premise that it was not legally tenable.

He also wanted the court to determine whether the tribunal was not wrong in law in holding that all the named persons who allegedly perpetrated violence and malpractices were not shown by evidence to be agents of Oni.

Leading the team of lawyers representing the AC candidate was Mr. Yusuf Alli (SAN). Others were Prof. Yemi Osibajo (SAN), former Lagos State Commissioner for Justice; Chief Adeniyi Akintola (SAN), Chief Titus Ashaolu (SAN) and Mr. Dele Adesina.

On governor Oni’s side were Mr. Adebayo Adenipekun (SAN) (lead counsel), Chief Duro Adeyele (SAN) and Otunba Kunle Kalejaiye (SAN). The five-man appeal panel fixed judgment for today, after listening to the written addresses by counsels to both parties.