Appeal Court Declares Mimiko Winner

The Akure Division of the Court of Appeal yesteday morning dismissed the appeal filed by ACN candidate, Rotimi Akeredolu against the Election Petition Tribunal verdict in favour of Governor Olusegun Mimiko.

In a unanimous judgment read by Justice Eko, the court held that the appeal lacked merit as the appealant could not discharge his burden of proof in the matter.
According to it, it is not a good thing for a petitioner to rush to the court on the ground of non-compliance with the Electoral Act without doing a proper job on his allegations.

The appelate court further ruled that the appelant has not proved that the alleged various acts of non-compliance have substantially affected the results of the governorship election conducted on 20 October, 2012.

Justice Eko also said although the Tribunal was not right to have declined jurisdiction over the voters’ register issue, the appelant did not prove or show enough evidence how non-compiance substantially affected the result of the poll.

He added that the conclusion of Akeredolu’s witness on difference in number of injected voters in the register appeared boisterous as it was discredited during cross-examination at the tribunal.

Also, the court dismissed a similar appeal filed by PDP candidate, Olusola Oke for lack of merit.

In the judgment read by Justice Daniel Kalio, the court said it is not enough to tender all documents used during election, witnesses who saw it all must give evidence to prove the case.

According to the court, the tribunal was right in ruling that Oke must be a super man to know all that happened during the election else he will only give hearsay evidence.
The judge added that in a normal democracy, the loser should only congratulate the winner for the system to grow.

Meanwhile, the 185 supervisory councilors sacked by Governor Mimiko, Monday protested to the Government House in Akure. They were relieved of their jobs barely a month after the State House of Assembly extended their tenure by six months.

The sack followed a meeting presided over by the Deputy Governor of the State, Alhaji Alli Olanusi and new Commissioner for Local Government and Chieftaincy Affairs, Mr. Bamiduro Dada.

Also in attendance at the meeting held last Friday were the newly sworn in council caretaker committee chairmen and state and local government party executives.

To confirm the sack of the supervisors, the Chairman of Ifedore Local Government, Mr. Pius Idowu Adebusuyi in a text message sent to the supervisors of the council said: “The sudden dissolution came with surprise. Sincerely I enjoyed my working with you for 24 days. On behalf of my self and the management of Ifedore, I wish to congratulate you for the successful completion of your tenure without blemish. I have no regret working with you. Count on my support always, feel free to meet me any time.”

Armed with a letter of protest signed by Chairman of the Ondo State Conference of Local Government Supervisors, Mr. Ifeolasan and Secretary Olayode Jayeola, the 185 supervisors converged on the Government House Monday to appeal to Governor Mimiko to stop the sack since most of the supervisors who worked tirelessly for his re-election for second term had gone to the bank to seek loans, hoping to pay back with their salaries.

The letter to the governor reads: “Sir, it may interest you to know that as soon as we had the tenure elongation in May 2013, many of us got committed to our banks for loan to enable us do more projects. Any abrupt stoppage of the six month granted by the House of Assembly within the first two months shall make us to come to grief.

“In the light of the above we humbly beg your Excellency to allow us complete the six months extension for which we are greatly appreciative.”

Reacting to the complaints of the sacked supervisory councillors, a top government official who did not want his name mentioned, told P.M.NEWS that their complaints were misplaced.
He said new local government caretaker committee chairmen had just been sworn in and that they would work with new supervisory councillors that would be nominated from each ward in the local government areas. He said this process was ongoing.