Appeal court nullifies election of four Osun PDP lawmakers

An Appeal Court in Ibadan, Oyo State, Monday nullified the election of two members of the House of Representatives from Osun State and two others in the state House of Assembly.

Monday’s judgments brought to 10 the number of verdicts delivered by Justice Thomas Naron-led Election Petition Tribunal that have been upturned by the appellate court.

The four former legislators, who contested on the platform of the People's Democratic Party (PDP), had their elections nullified by a three-man panel, with three of the judgments read by Justice Sidi Bage.

The appellate court requested the President, Court of Appeal, Justice Ayo Salami, to reconstitute another panel to hear the petitions de novo, adding that it should be given accelerated hearing.

Affected are Messrs George Jolaoye (Ayedire/Oluwa/ Iwo Federal Constituency) and Oluwole Oke (Ijesa North Federal House Constituency).

At the House of Assembly, Mr Idowu Abiodun (Ifedayo State Constituency) and Idiat Babalola (Ede North State Constituency) were asked to vacate their seats for a rerun election.

The court set aside the Justice Naron-led Tribunal judgment of March 14, 2008, saying the appellants were denied fair hearing.

The Action Congress (AC) candidates at the elections - Akintayo Amere, Nathaniel Agunbiade, Juwon Abatan and Ojo Ajagbe - had contested the tribunal’s judgment, which affirmed the elections of their PDP rivals in the House of Representatives and House of Assembly respectively.

They argued that the elections were fraught with malpractices, violence and non-compliance with the Electoral Act, 2006.

Among other issues, the AC candidates prayed the court to determine whether the lower court was right to have declared the PDP lawmakers winners of the elections in view of alleged massive rigging and electoral malpractices; and whether the ballot stuffing and hijacking, violence and non-compliance with the Electoral Act were not enough evidence to vitiate the results of the election.

In the cases of the two state lawmakers, Abatan and Ajagbe had their request for the nullification of the elections and order of fresh election granted by the three-man panel.

In the three judgments read by Justice Sidi Bage, the court stated: "The appeal succeeds and the judgment of the lower tribunal delivered on March 14, 2008, is hereby set aside for lack of fair hearing. The President, Court of Appeal is ordered to constitute a fresh panel to hear the case de novo."

The remaining judgment, written by Justice Modupe Fasanmi, in the case of Nathaniel Agunbiade and Busayo Oke, read in part: "The judgment delivered on June 30, 2008 by a lower tribunal, is hereby set aside for lack of fair hearing and it is returned to Osun State Election Petition for retrial. The appeal has merit and it subsists. It should be given accelerated hearing."

Mr Bosun Oyintiloye, the Personal Assistant to AC governorship candidate, Rauf Aregbesola, said the latest judgment confirmed the allegation of bias against the Justice Thomas Naron-led tribunal, pointing out that hardly had any of its judgments passed the appellate court’s trial.

He said: "Today’s judgments delivered at the Court of Appeal sitting in Ibadan , Oyo State capital, marked the 10th case returned for re-trial from the cases adjudicated by the Naron-led Tribunal in Osun State."

He listed the cases as, Lasun Yusuf vs Leo Awoyemi (Irepodun/Orolu Federal Constituency); Rauf Aregbesola vs Olagunsoye Oyinlola (Osun Governorship); Bashiru Adeyala Vs Olajide Adeyeye (Ife East State Constituency); and Ajibola Famurewa Vs Gbenga Onigbogi (Ijesa South Federal House of Represetatives), among others.