IBADAN — AN Oyo State High Court sitting in Ibadan has dismissed a suit filed by Mr. Moses Kolawole of the Peoples Democratic Party (PDP), seeking to refrain the swearing-in of Mr. Joshua Akintaro of the Alliance for Democracy (AD), as the authentic and validly elected Chairman of Ibarapa East Local Government Council of Oyo State.
Dismissing the suit, Justice Olu Ariwoola said that the court lacked the jurisdiction to entertain any issue on any election matter. "No other person or court has the right under the law to re-open any election matter after judgement has been delivered by Election Petition Appeal Tribunal."
Justice Ariwoola, who condemned the suit filed by the PDP candidate stated emphatically that hearing on the matter after the Election Petitions Appeal Tribunal had delivered its verdict was an abuse of court.
Addressing newsmen after the court session, an AD leader in the council, Hon. Gabriel Adebayo Adediran lamented the undemocratic attitude of the PDP controlled state government in obeying the rule of law on the matter.
Hon. Adediran while reviewing the situation in the council said: "It is important to state that our party’s candidate, Joshua Adewuyi Akintaro, having been dully nominated by the Alliance for Democracy from the ward to the national headquarters of our party, contested and won the chairmanship election of Ibarapa East conducted on 27 March, 2004 by the Oyo State Independent Electoral Commission, having polled 8,608 votes to defeat the PDP candidate, M. O. Kolawole, who scored 7,808 votes." It would also be very important to state that the OYSIEC refused to declare our candidate who won the majority of lawful votes cast as chairman, but rather, M. O. Kolawole was wrongly declared winner by OYSIEC.
"Our candidate, J. A. Akintayo being dissatisfied, filed an action according to OYSIEC law at the Oyo State Election Tribunal. Our petition, handled by the Chambers of Chief Adeniyi Akintola (SAN) was heard and decided on 16th August, 2004. With the tribunal, chaired by the Hon. Justice Waheed Olaifa nullifying the purported election of M. O. Kolawole of the PDP and declaring our candidate, J. A. Akintaro as the winner of the March 27, 2004 chairmanship election in Ibarapa East, and on 21st October, 2004, the Appeal Tribunal decided and delivered a unanimous judgement in favour of our candidate, J. A. Akintaro and dismissed the appeal."
He said that several letters were written to the state government to obey the court order but "the actions of Kolawole and the Oyo State Government negates the fresh wind of total submission to the rule of law by the government and the governed blowing across all civilised communities. We, however implore the governor not to allow some sycophants in his government to misinform him on the matter."
"While we remain calm and peaceful, we at the same time remain committed, unbending and unyielding to our resolved to reap the fruit of our labour. We call on all truth loving Nigerians, human rights organisations and all democratic forces to come to our aid," he asserted.
