ABIODUN NEJO writes that the pleas to Segun Oni, the SDP governorship candidate in the June 2022 election, not to appeal the election tribunal verdict, which dismissed his petition, is raising clouds of dust
Six months after finishing second in the Ekiti State governorship election, the Social Democratic Party is struggling to find its footing in light of the party’s silent divisions over its preferred presidential candidate and the election petition tribunal’s decision, which validated the victory of All Progressives Congress candidate, Governor Biodun Oyebanji.
While some SDP members are rooting for Peoples Democratic Party flagbearer, Atiku Abubakar, as their inclusion in the PDP Presidential Campaign Committee in Ekiti State shows, others, who are members of Southwest Agenda for Asiwaju Bola Tinubu, prefer APC candidate, Bola Tinubu.
Also, several members are concerned that the SDP’s governorship candidate in last year’s election, former Governor Segun Oni, will not appeal the tribunal’s decision to dismiss his petition and that he will be invited to rejoin the APC.
Keeping hopes alive
The movement in March 2022 of Oni and his supporters to the SDP to contest the governorship and the acceptability of his candidature to succeed the then Governor Kayode Fayemi by many in the state raised the party’s hope to produce a governor.
Many people across political parties believed the SDP would win the governorship election, which was expected to be a close race between the APC and the SDP, with many dismissing the PDP due to the crisis that was rocking it.
However, the Independent National Electoral Commission declared the APC the winner of the election, citing the highest number of votes cast and compliance with the law, while the SDP came in a distant second.
The SDP candidate, Oni, raised members’ hopes when he approached the election petitions tribunal, seeking to be declared the winner on the grounds that he scored the highest number of valid votes.
The SDP State Chairman, Dr Bamidele Ekunola, and other leaders of the party had assured members and the public that the tribunal, based on the strength of the evidence before it, would declare Oni the validly elected governor.
But the tribunal, in its December 29, 2022, judgment, again dashed the hopes as it dismissed the petition over the failure of the SDP and its candidate to prove beyond a reasonable doubt that the governor’s victory was against the nation’s constitution and the Electoral Act.
According to the chairman of the three-member panel, Justice Wilfred Kpochi, “It is vague, nebulous, generic, and lacks specifics on the allegations of malpractice in the June 18 poll without providing satisfactory evidence. The candidates (respondents) are qualified to contest the election, and INEC conducted the poll in a free and fair manner.
“Therefore, we have come to the inescapable conclusion that the petitioner failed to prove the cases against the respondents, and we hereby dismiss the petition against the election of Oyebanji as governor of Ekiti State.”
Voices against appeal
Dissatisfied with the verdict of the tribunal, Ajayi, a lead lawyer for SDP and Oni, said, “We are definitely going to appeal, and superior courts will touch the areas where the tribunal deliberately left unattended to.
“These people (APC and Oyebanji) should rejoice minimally because you will realise that most of the petitions where governors were removed were done by the Supreme Court,” as he cited the cases of Zamfara and Bayelsa State governors.
But the reaction to the statement by Oni’s lawyer had seen pleas sent to the SDP governorship candidate not to appeal the judgment but to accept it in good faith, join hands for Ekiti’s development, and even return to APC.
Reacting, Governor Oyebanji, who said the judgment reaffirming his election was to God’s glory and the Ekiti people’s benefit, hailed Oni for challenging the electoral process at the tribunal, adding that it was within his right to do so.
“Engr Oni remains a leader in this state, and I have absolute respect for him and will continue to accord him due respect,” the governor said, urging him to accept defeat honourably with the tribunal’s affirmation.
“The door of our party is open to as many people as want to join us, and I will be waiting patiently to receive Engr. Oni and his people back to APC, because this is where they belong. We need them to join us in our effort to make Ekiti more prosperous.
“I see it as a contest, and I hereby call on Engr. Oni to join hands with me to develop the state. So, I will be linking up with him so that we can work together,” the governor said.
In addition, the immediate past governor, Dr Kayode Fayemi, who congratulated Oyebanji on his tribunal victory, urged the opposition to sheathe their swords.
The former governor, in a statement by the Head, Fayemi Media Office, Abuja, Mallam Ahmad Sajoh, stated, “With this ruling, I call on members of the opposition to join hands with the governor for the growth and development of the state. Our political affiliations may be different but we are all Ekiti people and should work together for the good of our state.
“I hope this court’s decision puts an end to further litigation over the gubernatorial election so that the governor and his team can focus on the real task of providing developmental solutions to our people.”
Monarchs in the state, under the aegis of the Ekiti State Council of Traditional Rulers, also called on Oni to shelve the continuation of litigation over the election, saying, “With this verdict, all the political gladiators across the parties should sheathe their swords and cooperate with the governor for the development of Ekiti State.”
In a statement titled “Ekiti Obas congratulate Oyebanji, appeal to challengers to accept the verdict in good faith,” the monarchs’ chairman and the Onisan of Isan Ekiti, Oba Ayodele Adejuwon, said, “The tribunal has effectively put a seal on the election and confirmed the decision of the majority of Ekiti people who overwhelmingly voted the governor in June.
“The Council also pleads with aggrieved persons to put the outcome of the governorship election behind them and accept the electoral decision of the Ekiti people in good faith. It is the considered opinion of the Council that there is always another time, as a loser today can become a winner tomorrow.”
The Chairman, Ajoni Local Council Development Area, Prince Michael Ogungbemi, who said that the tribunal judgment further justified the legality of the primaries and Oyebanji’s victory in the election, urged the SDP “to accept the result of the poll in good faith and join hands with the present administration to develop the state.”
Mr Olawale Fapohunda, SAN, former AG of Ekiti State and one of the lawyers for the APC and Oyebanji, also stated that now that the tribunal has delivered its verdict, it is time for the parties to work together to move the state forward.
Fapohunda said, “We are all winners; it is time now to look away from the court and focus on what our people really want—good governance. I am sure that very soon, the governor will also be reaching out to Segun Oni to join him in ensuring that the needs of our people are better met.
No going back
However, Jackson Adebayo, Director of Media, Segun Oni Campaign Organisation of SDP, stated that the pleas to his principal not to file an appeal were made out of fear that higher courts would overturn the tribunal’s verdict, which he described as a “miscarriage of justice.”
Adebayo, who said, “We are going on appeal,” stated that Governor Oni’s reaction to the tribunal judgment was that “it is not over until it is over.”
He said, “The fear of losing at higher courts given the substance of our case is the reason they are begging that we not appeal the verdict. It’s strange. Have you ever heard someone beg someone who is seeking justice not to go ahead and seek justice?
“They know that the higher courts will do the right thing and correct the error made by the tribunal. The miscarriage is glaring, and the higher courts would not let it go.”
Also, SDP Publicity Secretary, Gani Salau, who said those pleading against appeal were wasting their time, said, “We have a valid case; our position is that we are appealing.
“Fayemi was in court against Oni for three and a half years before he could become governor, so how can he advise against appealing a case that the tribunal affirmed to be a constitutional matter? The matter will be best determined by the higher courts, particularly the Supreme Court.
“They are jittery; they are also pleading with us to convince Governor Oni not to go on appeal. This is because they know the strength of our case before the tribunal. We are very hopeful, and we are expecting victory at the higher courts.”
Also, Oni’s lawyer, Ajayi, said, “Those making the pleas are trying to curry the governor’s favour. Such a thing has never worked. The brief that the SDP candidate has given me is to go ahead with the appeal at the appellate court, and I am already working on that.”
Ajayi, who lampooned Fayemi for pleading with Oni against appealing the tribunal judgment, queried, “When Oni was in government and Fayemi was in court against him for three and a half years, was Fayemi not appealed to? Did he heed the advice? Fayemi is not competent to advise Oni on that.
“Fayemi was in court and fought till the last minute until Gov. Oni was removed; in this matter too, Oni will fight till the last minute until Gov. Oyebanji is removed.
“They are making overtures because they know that the tribunal judgment cannot scale through at the Supreme Court. How could the tribunal simply gloss over the vital issues we raised—the deputy governor’s certificate and that of Yobe State governor, Mai Mala Buni, who was the chairman of the APC National Caretaker Committee? The Supreme Court will see all these.’’
On the invitation to Oni to rejoin APC, Ajayi said, “That is politics. Oyebanji knows he does not mean it. APC people do not tolerate anybody who goes to join them. Oni had been in APC, and they pushed him out. He knows that he would be trashed again if he returns there.”
