Appeal Court sacks Agagu, declares Mimiko governor of Ondo State

Olusegun Mimiko

The Court of Appeal in Benin, the Edo state capital, this morning, upheld the verdict of the election petitions tribunal sitting in Akure, Ondo state, which declared Dr. Olusegun Mimiko, the Labour Party candidate, winner of the 14 April, 2007, governorship election in Ondo state.

On 25 July, 2008, the tribunal, presided over by Justice Harbar Nabaruma, nullified the election of Dr. Olusegun Agagu of the Peoples Democratic Party, ordering that the certificate of return issued him by the Independent National Electoral Commission, INEC, be retrieved and, in his place, the petitioner, Dr. Olusegun Mimiko, be sworn-in.

The President of the Court of Appeal in Benin, Justice Abdullahi Mustapha, who read the judgment today, declared that Mimiko should be sworn-in with immediate effect, as the duly elected governor of Ondo state. In a unanimous decision, the Appeal Tribunal sitting in Benin dismissed all but one of the grounds of appeal brought by Agagu.

It declared Dr. Segun Mimiko of the Labour Party, the winner of the election, with 195,030 votes, while Agagu of the PDP won 131,565.

There was wild jubilation in Benin, Akure, Ondo and other parts of the state by supporters of Mimiko and the Labour Party. In Akure, Mimiko’s supporters stormed the streets in celebration. Some of them carried placards, which read: Mimiko: the Obama of Ondo State. About the same time, former governor Olusegun Agagu left the state house in a convoy of 60 cars. His destination was unknown as at press time.

During today’s judgement in Benin, the atmosphere was tense, as there was tight security around the court premises. Dozens of anti-riot policemen and bomb squad were deployed to the venue to keep the peace.

Dr. Mimiko and the National Chairman of the Labour Party, Chief Dan Iwuanyanwu, arrived the court premises few minutes past 9 a.m., beaming with smiles, amidst praises from the party supporters.

The judges arrived at 9.50 a.m., and immediately commenced the business of the day, with supporters of PDP and LP betraying their anxiety over the outcome of the appeal.

In Akure, the Ondo state capital, all the markets, shops and major private businesses were shut, with all major streets deserted this morning. The situation in Ondo and Owo towns was similar. Motor parks were also closed in Akure, Owo and Ondo.

Policemen, armed to the teeth, were deployed to strategic areas in the state capital and other major towns where security reports envisaged violence in the wake of the judgement.

The Ondo State Radio Corporation (OSRC), which is pro-government and Adaba FM, which promotes Dr. Mimiko, both kept on appealing to their numerous listeners to maintain peace and order in the state.

P.M.NEWS gathered that there had been power outage in the state capital for three days before it was restored yesterday evening. The steady power supply was well utilised by the people in the town, as they kept indoors watching films and listening to radio, while top politicians kept in touch with journalists in Benin on the phone.

In a telephone conversation from Akure, by the group’s Director Media & Research, Hon. Bola Ilori, the Progressive Coalition hailed the judgement ordering the change of guards in Ondo state, calling it “the restoration of the hope of the Ondo people and redemptive balm on the excruciating alienation of the people of the state after about six years in the throes of Agagu’s inflicted pains and labyrinth of economic haemorrahagic pillage.

“It’s a refreshing new day, pregnant with positive progressive possibilities.” In expressing happiness, Bola Ilori reminded Nigerians that the wheels of justice run slowly but surely and its catching up with electoral robbers across the land.

“We salute the courageous people of Ondo state for their tenacity of purpose. ‘The only thing necessary for the triumph of evil is for good men to do nothing,’ says Edmund Burke. The mass of Ondo people stood firmly against falsehood to prevent the triumph of do-or-die polls robbers.

“ Ondo State citizens and indeed all lovers of justice, fairness, democracy and development in Nigeria are happy as we are confident that the new Ondo state, under Dr. Olusegun Mimiko, will be made to work for the people of the state and not for a few greedy politicians and their phalanges, as it was under Dr. Olusegun Agagu, since 2003. This is the day the Lord has made,” Ilori said.

Mimiko had, on 14 May, 2007, approached the tribunal, requesting it to set aside Agagu’s election for non compliance with the provisions of the Electoral Act 2006. Among other allegations, the petitioner averred that there were proven cases of multiple thumbprinting of ballot papers, falsification of figures and involvement of unauthorised officials in the collation of results, thus usurping the functions of the Independent National Electoral Commission (INEC).

Using forensic experts, the Labour Party candidate was able to convince the tribunal that he won the election having scored 25 per cent and more in 13 of the 18 local governments in the state, as against the PDP candidate’s nine out of the 18 councils. With that, the Labour Party led with a margin of 78,000 valid votes. However, at the Appellate Court, the PDP began to canvass a fresh ground for the re-run of the election, a plea that was not entered at the lower tribunal.

The upper court argued that the cancellation of some votes ultimately disenfranchised some electorate, thus negating the emergence of an outright winner. Meanwhile, the animosity between the rival parties has continued unabated, as both have continued to trade accusations and counter accusations, leading to several clashes between supporters of the two political gladiators. The sustained exchange of tirades ensured that the state remained tense politically, and as part of efforts to forestall the breakdown of law and order, police authorities drafted about 5,000 men to keep watch at the Court of Appeal, Benin, where the judgment was delivered.