THE OSUN STATE GOVERNORSHIP ELECTION ADJUDICATION PROCESSES AND THE ACT OF DANCING IN TURNS by SHABA Mafu

His customized cap hung firmly on his head with accustomed ease. He moved his strong bones with the flexibility of a woman in his dancing spree. It was time for jubilation over the electoral victory at the tribunal. This is the dancing Senator, Ademola Adeleke. He won the victory of the electoral tussle at the tribunal sitting in Osogbo which delivered judgment in his favour on the 22nd of March, 2019. But to the utmost chagrin of the jubilant Senator, he did not know that joy has a slender body that breaks too soon. This is the present status of his political travail.

The Osun State gubernatorial election was conducted by the Independent National Electoral Commission (INEC) in Osun State on the 22^nd of September, 2018. The election was won by Adegboyega Oyetola of the All Progressives Congress (APC), as declared by the electoral Umpire, the INEC.  The result was flatly rejected by the governorship candidate, Senator Ademola Adeleke and his political party, the Peoples Democratic Party. They cited irregularities and outright connivance of the electoral Body with the governing APC at the elections. In the elections, Ademola claimed he won the first round before INEC declared it inconclusive and ordered a supplementary election in the seventeen Units cancelled polls. This took place on the 27^th of September, 2018. Consequently, the results of the re-run election added to the first round, produced the APC candidate, now the Governor as the winner of the election.

Ademola and the PDP gravely dissatisfied, headed for the tribunal. The Governorship Election Petition Tribunal awarded victory to Senator Ademola and the PDP in its ruling. They cited that there was no need for the re-run elections that held after the first round of elections, and therefore nullified all the results from the 27 polling units where the re-run was conducted. On the strength of this judgment,  Ademola was declared the winner of the election. Expectedly, he dusted more of his caps in anticipation of resumption of duty as the Governor of the great State of Osun.

Ademola himself, his supporters and his political party, the PDP rolled out drums on the streets of the ancient but glorious streets of Osun State. Senator Ademola went berserk as he temporarily forgot his esteemed status in the society being a distinguished Senator of a great country called Nigeria. He twisted his heavy trunk with the ease of a regular drunkard in the village. He laughed and smiled alternately with the entire mandibles at the mercy of the scorching sun. His hands and legs moved perfectly to the rhythm of the music as his rotund stomach was not left out of this magical twist. He exuded joy! Of the truth, Senator Ademola Adeleke is a very good dancer who knows how to express moments of joy within reasonable limit.

The newly sworn Governor, Adetogboyega Oyetola must have withdrawn to his cyst because of the shock of the tribunal judgment on the election. His eyes must have welled up with tears as he would soon pack home from the office already adorned with his official pictures neatly carved with sophisticated artistry. But his party, the APC vowed to challenge the judgment of the Tribunal at the Appeal court. Off they went. It was the antidote that punctured his swelling emotions.

On Thursday, 9^th May, 2019, the Appeal Court sitting in Abuja in a 4-1 Panel judgment repealed the judgment of the Tribunal.  They cited that the absence of Justice Obiora at the Tribunal on the 6^th February, 2019, who eventually read the lead judgment of the tribunal, was an aberration and therefore held that his absence alone nullifies the entire proceeding of the case. The Appeal Court also held that the nullifying of the 27^th September, 2018 supplementary election was wrong. It  also pointed to  the tribunal that the absence of the records of usage of ballot papers and other details on Form EC8A, the result sheets in 17 polling Units where the polls were cancelled by the Tribunal was not an issue of non-compliance that should warrant the deductions of votes polled by the APC and the PDP in those Units. The Appeal Court on these grounds declared the judgment of the Tribunal as a nullity while ceding the victory to the incumbent Governor Oyetola Gboyega.

Oyetola, in the circumstance rolled out his drums in his area of major influence in the State. It was the turn of APC, the supporters and the Governor to dance. At the Tribunal level, PDP and Ademola danced. At the Appeal Court level, the baton of dancing was handed to APC and Oyetola. It is turn by turn at each stage. Yes! that is the style of Nigerian judicial system. No uniform outlook on matters like this. The Electoral Act is probably only to conduct elections. Subsequent issues arising thereafter are left to the power of argument and citations of the lawyers and the discretion of the Judges at different levels of adjudication.

PDP has danced. APC is presently dancing. It is a common saying that “he who laughs last, laughs best”. In this case, who danced last, would dance best. The PDP and Ademola have vowed to challenge the judgment of the Appeal court at the Supreme court. We would not know who will dance last. I think PDP would have danced with caution and not acted like the proverbial antelope who danced himself lame while the main dance was yet to come. APC should dance with caution. The Supreme court judgment is clearly unpredictable, just as it is generally in the Nigerian judicial system. The funniest aspect of all these is that the Supreme Court alone has the supreme wisdom and knows all things in judicial matters. They are never wrong! So the judgment of the Supreme court shall be binding on the winner or loser of the gubernatorial case in Osun State.

The Nigerian judicial system makes both appellants and defendants dance turn by turn as the case goes higher and higher, until the final and ultimate dancer emerges.