The Court of Appeal on Tuesday upheld the declaration of the Action Congress candidate, Mr. Adams Oshiomhole, by the Edo State Election Petitions Tribunal as the winner of the April 14, 2007 governorship election in the state.

A five- member panel of the appeal court led by its President, Justice Umaru Abdullahi, also agreed with the lower tribunal that Oshiomhole polled 162,557 votes as against the 129, 017 scored by the ousted governor and candidate of the Peoples Democratic Party, Prof. Oserheimen Osunbor.

The court, therefore, ordered the Independent National Electoral Commission to withdraw the certificate of return issued to Osunbor and issue a fresh one to Oshiomhole for polling two-thirds of the total votes in 16 out of the 18 local government areas in the state.

Although Abdulahi did not mention the exact date for the inauguration of the governor-elect, the Secretary to the Oshiomhole Campaign Organisation, and a member of the legal team of the AC, Mr. Omorodion Ogie, told our correspondent on the telephone that it would take place at 9a.m on Wednesday (today). The state government has declared today a public holiday.

The lower tribunal had returned Oshiomhole as the duly elected governor of the state on the grounds that the election was marred by irregularities and non-compliance with the Electoral Act in some parts of the state.

The tribunal had ordered a recount of the votes in the election which formed the basis for the victory of the AC candidate.

In its judgment , Abdullahi agreed with the decision of the lower tribunal to cancel the election in Akoko Edo and Etsako Central Local Government Areas because the AC and its candidate were able to prove with documentary evidence that the exercise was marred by violence, irregularities and other abhorrent acts.

Abdullahi, whose lead judgment was accepted by other members of the panel, also dismissed the objection raised by the lawyers to Independent National Electoral Commission, the PDP and Osunbor that the charts which were used as the determinants for the final figure of the election were not front loaded and, therefore, impinged on the right to fair hearing.

It was the position of the lawyers that the process of arriving at the charts involved the parties in the electoral contest and INEC which had the legal powers to serve as an impartial umpire.

The court also held that the argument that the charts were not front loaded in accordance with the practice direction was flawed because they (the charts) were a product of the evidence pleaded before the lower tribunal.

Besides, it dismissed the contention of INEC that the lower tribunal was wrong in using the evidence presented by its Head of Operations in Benin, Mr. Kayode Olawale.

According to the panel, Olawale, who testified as PW 47, did not appear in a personal capacity but as the head of operations of INEC.

It said since he gave evidence with due authorisation from the then Resident Electoral Commission in Edo State, Alhaji Abubakar Ahmadu, the lower tribunal was right to have used what he tendered during the trial.

On the other issue, which was considered critical to the determination of the appeal, was the non-joining of the presiding officers and other officials of INEC who played various roles in the election.

In dismissing the position canvassed by the lawyers to INEC, the PDP and Osunbor that the petition was incompetent on the basis that the presiding officers and other polling agents were not joined, the appeal court aligned with the argument of Oshiomhole and the AC that it could be assumed that they were joined since INEC was involved in the suit.

The court held that contrary to the claim of the appellants, the tribunal did not cancel election results in 12 of the local government areas.

It said that Oshiomhole won in both the 12 councils and the uncontested four.

The panel agreed with the AC candidate’s contention that ”the issues raised in the appellants brief and the submissions of their counsel were poles apart from the judgment of the lower tribunal.”

It said, “It is the position of the law that an appeal is a continuation of hearing and that grounds of appeal must be anchored on the judgment of the lower court.

“In making his presentation, at an appellate court, an appellant is not allowed to distort the findings and conclusions of the lower court, more particularly by reading into them what they do not contain or intend...

“The above submission is well taken, and it represents the true position of what the tribunal found after a painstaking review of all the materials placed before it.

“It is manifest from the tribunal‘s finding, which is unchallenged that the petitioners scored 25 per cent of the lawful votes cast in 10 out of the 12 contested local governments, as well as the four uncontested local governments.

“The petitioners, therefore, satisfied the requirements of section 179 (2) (a) and (b) of the 1999 Constitution by scoring the ”highest number of valid votes cast and scoring ” not less than one-quarter of all the votes cast and at least, two-thirds of the 18 local governments of Edo State.

“From the foregoing, it is clear that the three main appeals lack merit. They are accordingly dismissed. The judgment of the tribunal delivered on March 20, 2008 is hereby affirmed as well as all the consequential matters therein which are as follows:

- Mr. Adams Aliyu Oshiomhole is hereby declared as the elected governor of Edo State, being the candidate who scored the highest number of valid votes cast and has satisfied the requirements of the constitution and the Electoral Act, 2006;

- The Certificate of Return issued to Senator (Prof.) Oserheimen Osunbor as elected governor of Edo State is withdrawn and nullified;

- INEC is hereby ordered to issue Comrade Adams Aliyu Oshiomhole, a Certificate of Return as the elected governor of Edo State forthwith; and

-Each party will bear its own cost.”

Osunbor’s lawyer, Mr. Lateef Fagbemi (SAN), was full of praises for the members of the panel, who according to him, showed commitment and determination by concluding the case within a short time.

Fagbemi said that those who played various roles in the case were people of honour and integrity.

“We lost today, we will win some other times, just as we have been winning,” he said.

Also, the lawyers to INEC and the PDP, Mr. Ighodalo Imadigbelo and Roland Otaru , said the judgment would strengthen democracy in the country.

A former President of the Nigerian Bar Association, Chief Wole Olanikpekun, who led the legal team of Oshiomhole, commended the judiciary for the “landmark judgment.”

He said the verdict would strengthen democracy in the country and boost people’s confidence in the judiciary.

Indication that Osunbor might lose the appeal was palpable as at 9.30am when his presence and that of his deputy, Chief Lucky Imasuen and the Speaker of the House, Mr. Garuba Zakawanu, was not noticed.

Oshiomhole, his running mate, Mr. Pius Odubu, and the South-South Zonal Chairman of the AC, Chief Tom Ikimi, were in the court.

The judgment was also witnessed by prominent pro-democracy activists and the labour movement in the country led by the Nigeria Labour Congress President, Mr. Abdulwalid Omar,

For Oshiomhole, the journey to victory was long and tiresome.

He had shortly after the April 14, 2007 election rejected the possible outcome of the election, citing massive rigging and violence by the ruling PDP.

He had told THE PUNCH in an interview on April 14 that ”the agents of the PDP, aided by the police and soldiers and INEC officials, stole ballot boxes, engaged in multiple voting and ballot stuffing, thereby making the entire exercise meaningless.”

Osunbor, on his part, said the election was “very orderly and healthy,” adding that “this is good for democracy.”

The former NLC president, however, proceeded to the election tribunal, seeking a redress of the election.

He had sought amongst other things, a declaration that he was the winner of the election.

The tribunal headed by Justice Peter Umeadi sat for about nine months before delivering its judgment on March 20, 2008.

In a unanimous decision, the tribunal declared that Oshiomhole was validly elected , having won the majority of lawful votes cast in the election. It put Oshiomhole‘s total votes at 165,577 as against Osunbor‘s 129,071 votes.

The tribunal ordered INEC to withdraw Osunbor‘s certificate of return and present same to Oshiomhole.

Other members of the appeal tribunal included Justices John Fabiyi, Ayo Salami, Amina Adamu-Augie and Uzor Anyanwu.