One Year After Senatorial Polls, PDP Takes over Kwara South
After a protracted legal battle, the Court of Appeal, Ilorin Division finally settled election disputes between Simeon Ajibola and Senator Sulaiman Ajadi over who represents Kwara South in the Senate, reports Tunde Sanni who witnessed the judgment
Thursday, July 8, 2004 would forever linger in the hearts of both Chief Simeon Ajibola from Isapa in Ekiti Local Government of Kwara State and Chief Makanjuola Ajadi from Babanloma in Ifelodun local government area from the same state. Both are from the Kwara South Senatorial District with Ajibola being from People Democratic Party (PDP) while Ajadi is of the All Nigeria Peoples Party (ANPP).
Since April 12, 2003 when the National Assembly election was held, both have insisted on the right to be at the Senate. To ensure relative peace before and after the epochal judgement as well as around the vicinity of the court, a detachment of police team led by an Area Commander was dispatched to the area.
The legal journey that started in June 2003 formally terminated on July 8 as the Appeal Court, acting as the Election Petition Appeal Tribunal sitting in Ilorin also terminated Ajadi's membership of the Upper Chamber of the National Assembly.
Signs that the deposed senator stay at the senate might come to an end that day started to emerge around 10a.m as supporters and loyalists perceived to be from the camp of the strongman of Kwara politics, Dr. Olushola Saraki came in a bus to drum support for Ajibola and overwhelm the supporters of Ajadi who had come as earlier as 8:30am. By the time, the army of Saraki political supporters stormed the adjoining street linking the Appeal Court throwing banters and in festive mood, Ajadi's men, one after the other, vacated the place to monitor developments.
The 9 a.m time scheduled for the judgement was to be shifted till 11 am owing to the on going NEC meeting of the Nigerian Bar Association (NBA) and the fact that the Chief Justice of Nigeria (CJN) Justice Muhammadu Lawal Uwais graced the occasion afforded the appellate judges the opportunity to be in his company. So judgement hour was shifted twice from 10.a.m to 11a.m. and later 12.30 a.m.
In between the adjournment hours, restive serving commissioners were coming in at intervals with smiles to make enquiry about the judgement. Commissioners sighted include, Alhaji Saka Isemin, Social Welfare, Engineer Yinusa Afolabi , Works and Hajia Nimota Oba Sulaiman, Women Affairs. On the side of Ajadi were Senator Ishaq Salman, who lost his return to the Senate to Senator Gbemi Saraki at the April 12, 2003 election, Pastor Yissa Ezekiel Benjamin, the immediate past Speaker of the State House of Assembly, Hon Yanda Abubakar, the former Commissioner for Commerce, Alhaji Rasak Gidado.
First plank of appeal of the appellant which was based on the relatively unconstitutionality of the trial tribunal which Yusuf Alli, (SAN) counsel to Ajadi had made the kernel of his ground of appeal.
Alli referred the appellate judges to the tittle of the trial tribunal "Governorship/National Assembly Election Petition Tribunal" and citing some legal authorities wanted the appeal court to declare the judgement of the lower tribunal which initially quashed Ajadi's Senatorial mandate a nullity and resolve the appeal in favour of his client who was the appelant in the case.
Ajibola's counsel, Wole Olanipekun (SAN) countered, arguing that the heading employed by the tribunal was merely a matter of form not an issue that can present a valid cause for nullification of the lower tribunal judgement".
The appellate judges in evaluating the arguments of the two advocates and the pronouncement of the trial tribunal upheld that jurisdiction is limited with Adekeye contesting that parties cannot vest jurisdiction on the court, adding that parties knew they were appearing before the National Assembly Election Petition Tribunal, maintaining that the title conforms with the Electoral Act, "obviously the tribunal by the tittle does not exist", it can be regarded as a mistake and it will be unjust to punish a litigant on that, the tribunal going by the provisions of the Electoral Act is known to the constitution and its judgement valid, this court (appeal) is therefore restrained to interfere in the judgement of the lower tribunal.
The appellate tribunal reviewed the pleadings of both the appellant and the respondents on the judgement of the lower tribunal in nullifying the votes in four polling centres of Ilupeju, Adio, Koko and Oko-Ode.
The judges, after a review of the record of proceedings of the trial tribunal, agreed on the disenfranchisement of some Fulani voters on the election day, just as it upheld the claims of thuggery in some wards at the polling centre, though it gave the lower tribunal knocks for not properly evaluating the evidence of DW 3 (a police officer) during the trial. Notwithstanding, the appellate tribunal concurred to the nullification of votes in the polling centre.
The appellate tribunal also agreed on the level of electoral violence in Adio which necessitated the cancellation of votes in the polling centre, as well as the electoral malpractice in Koko were Ajibola had alleged manipulation of votes to favour Ajadi and insisted that the nullification of votes at the centres was proper and in order.
The judges also reviewed pleadings on the deduction of 229 votes from the total votes haul of the deposed senator, the appellate court upheld the evidence of the petitioner in the case (Ajibola) and agreed that his evidence was not a hearsay.
In her judgement, Adekeye described election tribunal as generic while the judicial body could use its discretion in matters before it.
From the totality of the pleadings before the court, the judge stated that the court couldn't call for fresh evidence as it was bound by the pleadings before it.
It dismissed the appeal as lacking in merit while the trial tribunal was not only competent to entertain the election petition but found its pronouncement sound and healthy for Ajibola to take the place of Ajadi at the senate.
The court agreed with the mathematical calculation of the lower tribunal which it reasoned was logical and pronounced that "Simeon Ajibola ought to be declared as the winner of the April 12, 2003 National Assembly election for Kwara South and is hereby declared winner. The trial tribunal is right to declare Ajibola as the winner. This appeal lacks merit and ought to be dismissed and is hereby dismissed".
The judge also said that Justices M.S.M Coomasie , Dalhatu Adamu and J.J Umoren were in agreement with the lead judgement.
But Justice A. J Ikangbe had a contrary view and in his minority judgement called for a retrial of the petition only in the four contentious polling centres.
He stated that the lower tribunal did not properly evaluate the evidences of the appellant, contending that the lower tribunal had paid undue attention to the evidences adduced by the petitioner (Ajibola) to the detriment of the evidences of the respondent. He also disagreed with the manner the trial tribunal treated the evidence of DW3 in the case.
The judge, who underlined the imperativeness of natural justice and its rules averred that the tribunal did not observe such. "The appellant complaint was worthy but the lower tribunal pretended as if it was not. The appellant appeal should be allowed".
As Ikongbe concluded his judgement, backslapping and victorious songs rented the air as an army of political loyalists shouted O-l-o-o-y-e-e-.
For Ajibola, it has been rough road to judicial victory. Since the Independent National Electoral Commission (INEC) declared Ajadi winner of the April 12 election, he had maintained a long wait at the corridor of justice. Once, the first trial tribunal headed by Justice Mshelia dismissed his election petition as frivolous and lacking in merit and like a trojan, he had soldiered on, heading to the Appeal Court which ordered the retrial of the petition de-novo.
A new election petition tribunal headed by Justice Abdullahi Yusuf was reconstituted and by April 18 returned victory to the petitioner necessitating the appeal by Ajadi, which he however lost.
Immediately the judgement was over, perceived supporters of Saraki who had stormed the court area poured on to Garin Alimi road in ecstasy, hailing the judgement and the removal of Ajadi from the Senate and in their multitude, invaded the G.R.A residence of Ajibola, who was reported to have gone to Abuja but met his family who they later joined in rendering songs of praise.
The Basin road residence of the deposed Senator on the other hand, according to reports wore the picture of a graveyard as the judgement threw the whole place into mourning. Supporters of the Senator, especially women broke down in tears, lamenting their new misfortune. Ironically, Ajadi was reported to have moved down calming the broken-hearted supporters.
The ANPP in the state led by Salman and Benjamin, also visited where an inter-religious prayer session was held for the senator, his family and his supporters. Ajadi was reported to have later addressed the "congregation", admonishing them to take heart and solace in God who vested him with the senatorial mandate and recovered it from him. "If it is a fall, it is a temporary one as God, the creator, the Helper of the helpless is there watching our today to compensate us tomorrow. All hope is not lost, Ajadi reportedly told his admirers".
The political battle for the soul of Kwara South Senatorial District as it were is now over, though political alignment and re alignment cannot be foreclosed as the race to the Government House 2007 draws nearer.
To the Isapa born politician, the adage that he who fights and run away lives to fight another day is appropriate. Having seen the political handwriting following the death of Abacha and the Abdulsalami Abubakar transition programme, he quickly made some political re-alignment and waited for his turn in PDP which he joined as a foundation member. Even when crisis ensued between old and new members, he maintained silence until he chose to make a second re-alignment.
However, if political tradition in the state in recent times is to be the yardstick, the affairs of the senatorial district may be in the hands of Saraki as his loyalists, aside from controlling the machinery of the state government also call the shot in the party in the state in addition to their generosity, which is attracting supporters to their camp.
For now, there is yet to be any other camp outside the Saraki's in the state, as others, apart from being stingy with their resources, which is driving away supporters, are yet to concede leadership positions to themselves. To them, the issue is not that of central leader but who gets what position. With no credible rallying point, it is almost certain that Kwara South may continue to be under the grip of the Saraki's.
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