The Osun State governorship election petition tribunal yesterday dismissed the petition filed by Senator Iyiola Omisore, the candidate of the Peoples Democratic Party against the victory of Mr Rauf Aregbesola in the August 9, 2014 governorship election in the state.
The tribunal led by the chairman, Justice Elizabeth Ikpejieme in a judgment of over seven hours held that the petitioner failed to prove his case by providing credible evidence.
The PDP candidate is challenging the election before the panel in some units and wards in 17 local government councils of the state.
Omisore and his party, PDP, alleged that the August 9 governorship election was characterised by irregularities and manipulation in favour of APC and Aregbesola, thus asking the tribunal to cancel the election results in the affected local government councils.
He is also praying the tribunal to declare him the winner of the election, saying he had the majority lawful votes, stressing that the votes cast for Aregbesola and APC were not lawful, therefore, should be nullified.
The chairman of the tribunal in her judgment ruled that the appellant failed when he did not file his reply within the five days stipulated under the law.
The tribunal held that the five days which commenced on the day they were served on the 9th of October, 2014 lapsed on the 13th of October, saying the days under the law included Sunday which the appellant tried to exclude from the five days.
She pointed out that the appellant having filed the reply on 14th October fell foul of the law, noting that the law is settled when it stated the method and dates to follow in filing reply.
On the issue of the appellant abandoning their case, the tribunal noted that for the purpose of fair hearing, the tribunal will go on in delivering its judgment on the substantive case.
The tribunal held that the petitioner failed to prove alleged harassment, intimidation, molestation, over-voting, voting by proxy, inducement, improper accreditation, alteration of results and irreconcilable figures in the local governments under review.
“Nobody came to the tribunal to testify that they have not been able to vote and that those not accredited were not allowed to vote,” she said.
The appellants have not shown how many of their supporters were refused accreditation.
The tribunal pointed out in its judgment that the PDP and its candidate, Iyiola omisore failed woefully to prove it’s case in the 17 local governments being challenged, noting that the petition lacks diligent prosecution and substantial evidence.
The tribunal therefore returned Mr Rauf Aregbesola the duly elected governor in the August 9 election and dismissed the case of the petitioner.
Meanwhile, the petitioner’s lead counsel, Chief Nathaniel Oke while commending the panel for a thorough job but posited that although the decision of the tribunal is binding, it is not final.
Also, the Chairman of PDP in the State, Alhaji Ganiyu Olaoluwa said his party will appeal the judgement.
Reacting, Governor Rauf Aregbesola said his triumph is the will of the people adding that in a sane society, his opponent would not even approach the election tribunal because there was no basis for it
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