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Barrister Owoseni Ajayi is a two-term Attorney General and Commissioner for Justice, Ekiti State. He shares with LANRE ADEWOLE, his experience relating with national institutions in the course of prosecuting the petition of a candidate in the election that produced the incumbent governor of the state, Abiodun Oyebanji.
As a leading counsel before the Ekiti State Election Petition Tribunal, can you walk us through the proceedings?
Yes, we represent former Governor Segun Oni and the Social Democratic Party (SDP) at the Election Petition Tribunal. Our lead counsel is Obafemi Adewale, SAN. After discovering irregularities and qualification problems suffered by the APC candidates in the election, we filed the petition on behalf of Chief Segun Oni and Social Democratic Party, the party who sponsored him.The grounds of the petition are:
*That the 1st Respondent was not duly elected by majority of lawful votes cast at the Governorship Election held on 18th June, 2022.
*That the 1st Respondent was at the time of the Election not qualified to contest the Ekiti State Governorship Election held on 18th June, 2022.
*That the Election of the 1st Respondent is invalid by reason of corrupt practises.
*That the Election of the 1st Respondent is invalid by reason of non-compliance with the provisions of Electoral Act, 2022 (As Amended).
By 1st Respondent, you meant Governor Abiodun Oyebanji?
Yes.
What exactly was the crux of Oni’s case?
The crux of the petition was centred on two major grounds following the failure and deliberate refusal of the INEC to supply the election materials needed to prosecute the petition on ground of election malpractices.
These grounds are, one that the APC had no candidate validly-nominated for the election. Gov. Mai Mala Buni who signed the nomination and sponsorship form of the APC suffered two constitutional reverses. Under Section 183 of the Constitution of Federal Republic of Nigeria, Gov. Buni is disqualified from holding any other office during his tenure as Governor. As at the time of the election, Gov. Buni as Chairman, Caretaker Committee of the APC had no locus standi; to preside over APC affairs in any capacity as the tenure granted him under the APC Constitution had lapsed. This is because the tenure of twelve (12) calendar months of acting by the Buni-led Caretaker Committee had expired on or before 27th January, 2022 when the Governorship Primary Election was conducted in Ekiti by Governor Buni and his Caretaker Committee.
Can you further break this down?
For proper education of our readers, read Article 13.3 (B) (C) of the APC Constitution which limited the life span of the Gov. Buni’s led Caretaker Committee to 12 months, in which case the tenure was to expire on 25th June, 2021 before the Ekiti State APC Governorship Primary of 27th January 2022. Based upon the above submission, the APC had no validly nominated and sponsored candidate for the Gubernatorial Election in Ekiti State on 18th June, 2022 in contravention of Section 177(C) of the 1999 constitution.
The APC, because they control the Presidency and majority of the Governorship and membership of the National Assembly, embarked on impunity path on this Gov. Buni’s sojourn in the APC Secretariat at Abuja. Even, after the knocks and warnings of the Supreme Court in JEGEDE V. INEC case on Buni’s role in the Ondo-State APC Primary Election and warnings from their principal leaders like the Vice President, Rotimi Akeredolu, SAN, Festus Keyamo, SAN and many aggrieved party members who took them to court on this Buni’s matter, they still remain adamant, arrogant and impunicious. They have now forced their lawyers to technical arguments to bail them out of the self-imposed calamity. Even after losing Zamfara State and Balyesa State to this unwarranted act of impunity, they are not deterred because of their assured federal might and ability to ride roughshod on the Judiciary.
And the second plank?
Our second ground of argument is the issue of the Deputy Governorship Candidate who was in gross violation of Section 182 & 183 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and hence not qualified to contest as Deputy Governor. The candidacy of the Deputy Governor is directly tied with that of the Governor because it was a joint ticket. Whatever affects the Deputy Governor directly affects the Governor and vice-versa in election matter. If the Deputy Governor falls, the Governor follows. That was the case of Balyesa where the Deputy Governorship Candidate, DEGI-EREMIEYO denied David Lyon from assuming the Governorship seat of Balyesa. We led credible evidence to prove that the Deputy Governorship Candidate in the last election presented false documents to INEC to contest the election.The overall decision is now left to the Tribunal that has now reserved its judgement.
What is your experience with institution of government involved?
By institution of government in this context, I want to believe you are referring to INEC and WAEC. If democracy fails in this country, INEC which is supposed to be an independent body, must be held responsible. From my practical experience from Ekiti State Gubernatorial Election held on 18th June, 2022, INEC activities on the field of election are completely different from what they tell the public, though details cannot be supplied in this forum. However, in respect of the SDP V. APC Election Petition in Ekiti State, INEC did not act as an unbiased umpire, they are supposed to be. INEC refused deliberately to release electoral materials needed to prove that the election was not free and fair and not in compliance with the Electoral Act. Despite letters written to the State REC and National Chairman and an order of the tribunal for inspection, INEC frontally refused to allow us access to the following materials; BVAS, including the real time on the accreditation numbers. This was to ascertain whether BVAS was used in accordance with the design in Ekiti Election which we know, was not adhered to, as compromised voters voted in that election without clearance by the BVAS machine. INEC refused the inspection of the used and unused ballot papers that would have proved that there was arbitrary thumb printing of ballot papers and ditto for other crucial materials. The few materials that were selectively released to us were released when they could no longer be pleaded for admissibility in Law because of effluxion of time.
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WAEC refused to confirm or deny the authenticity of the WAEC certificate of the Deputy Governor. Isn’t there a constitutional path to compelling the release of same by WAEC?
Your last question leads into the arrogance and impunity of power displayed by the institutions controlled by the Federal Government which is also the Government in power in Ekiti State which we are at battle with. When we discovered the lacuna in the school certificate submitted to the INEC by the Deputy Governor, particularly when she claimed she obtained her school certificate with a name different from her official name submitted to INEC with the heading “GCE” in “June 1978” when WAEC normally held “GCE” in November/December in that year, we wrote a letter to WAEC and attached the Deputy Governor’s Certificate with two other Certificates issued the same June 1978 to the Akure Zonal Office of WAEC for verification.
What exactly was the response?
The two other certificates, after due payments, were verified to have been issued by them but for the third one belonging to the Deputy Governor that they have reservation which can only be cleared by their Head Office at Yaba, Lagos and that they will need to send to them an internal memo for clearance. However, instead of replying the internal memo from their Akure Office, the WEAC Head Office at Yaba wrote to us directly thus,“Please be informed that West African Examination Council (WAEC) is unable to accede to your request pursuant to Section 24 (1)(a) of the Freedom of Information Act, 2011, on privacy of the owner of the certificate.”
Did you take further steps?
All attempts made through another letter that WAEC ought to have considered the provision of Section 14(3) of the same Freedom of Information Act on the fact that when that certificate is used to contest for a public office, they have to disclose the authenticity of the owner, was ignored without any reply. Even the Subpoena of the Tribunal was ignored by the Council. The SDP is a small party without any godfather in this country and have no control or influence over these federal institutions. In the circumstance it is only the Court, the defender of the helpless that can do justice in respect of this oppression of the power-that-be. However, it is my view that the Deputy Governor ought to have accepted the burden of proof shifted on her to go to WAEC for the verification of the authenticity of her certificate for the sake of her integrity, honour and the office thrust on her by fate rather than hiding under the technicality of Law to escape sanction.
If INEC and WAEC didn’t cooperate, how were you able to prove your case before the Tribunal?
As earlier indicated during the course of this interview, we relied on constitutional violations of the Constitution of the Federal Republic of Nigeria, 1999 (As amended) the Constitution of APC and the Electoral Act, 2022 to prove two major grounds.
One, that APC had no candidate in the said election due to constitutional violation by the Governor Mai Mala Buni-led Caretaker Committee of the APC and even the violation of their own constitution. Two, is that the Deputy Governor presented false documents including her school certificate that made her ineligible to contest as Deputy Governor and her Governor cannot stand on one leg to run. Hence, the two of them must fall into the same ditch of incompetence to stand for Gubernatorial Election on 18th June, 2022.
Your Candidate didn’t win in any of the Local Government Council Areas. Can he be declared Gov-Elect if this case against the Governor is upheld by the Tribunal?
If the case of the petitioners is upheld by the Tribunal and upheld up to the Supreme Court, he would automatically be sworn in as Governor of Ekiti State because if the election of the Governor is declared null and void, all the votes cast for him become a nullity and the next candidate with the highest number of lawful votes would be declared the winner of the election.
How optimistic are you about the petition?
We have put in and canvassed our position in accordance with the provision of the Electoral Act, 2022 and the respondents’ counsel also did their best to counter us. The decision is now left for eminent jurists presiding over the petition whom I believe, are very honourable members of the Bench, capable of doing justice.
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