Fresh tension in Osun over pending governorship suit in Supreme Court Fresh tension in Osun over pending governorship suit in Supreme Court 

The Friday judgement of the Supreme Court on the suit between two factions of the All Progressives Congress (APC) in the Zamfara State election has generated fresh tension and palpable fear in Osun State where the 2018 governorship election is still in contention. Sources close to the party leadership in Osun State told National Daily that the Supreme Court declaratory judgment which delivered the governorship and legislature elections victory in Zamfara State to the Peoples Democratic Party (PDP) which came second in the elections has sent Governor Gboyega Oyetola and APC leaders in Osun State panicking. The judgment created uncertainty over the pending governorship election suit at the apex court.

The confidence exhibited after the Court of Appeal judgment which upturned the judgement of the Tribunal has evaporated, compelling the Governor to begin to seek new approach for self-survival. The palpable fear, our source said, has been that the Supreme Court judges have shown commitment to upholding and protecting the integrity and independence of the judiciary and ensure justice prevails in Nigeria.

National Daily recalls that the Court of Appeal sitting in Abuja, penultimate week, ended the political mourning in Osun State when it set aside the judgement of the Osun State Governorship Election Tribunal which annulled the victory of Governor Gboyega Oyetola and declared Senator Ademola Adeleke of the Peoples Democratic Party (PDP) winner of the election.

Justice Hannatu Sankey, citing ‘faulty composition’ in the lead judgment, had stated that ordinarily the matter should have been returned to the Tribunal but because it was a post-election matter where time cannot be expanded or elongated; insisting, the court cannot make an order of retrial.

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Justice Sankey arguing that the petitioner did not prove beyond reasonable doubt that there was substantial non-compliance to the Electoral Act by the absence of the ballot paper records, upturned the judgment of the Osun State Governorship Election Tribunal delivered on March 22, returning Senator Ademola Adeleke as Governor of Osun State.

Though four of the five justices of the panel upheld the judgment, Justice George Mbanmba delivered a dissenting judgement.

The majority judgment was predicated on the argument that the lead judgment of the Tribunal was delivered by Justice Peter Obiora who did not participate fully in the proceedings of the Tribunal. But Justice Mbanmba argued that the allegation that Justice Obiora did not attend all the sessions of the Tribunal was a mere hear say, maintaining that the records of court indicated that the judge did participate in the hearing because he signed at the beginnings of the days’ proceedings.

Justice Mbanmba, thereafter, dismissed Governor Oyetola’s appeal with a cost of N200,000 against the appellant.

The appeal court further upheld the appeal filed by the All Progressive Congress (APC) on the same issues in a four to one majority judgement with a dissenting judgment from Justice Mbamba who maintained the same position.

In the lead judgment, Justice Datti Yahaya ruled in favour of the APC and was supported by four of the five-man panel.

But Justice Mbamba held that parties with common interest should file a joint appeal, noting that filing separate appeals was an abuse of court process which adds to the work of the appeal court.

Governor Oyetola, APC leaders and supporters had gone on wild celebration after the Appeal Court was in t heri favour. However, where similar contradictory judgments had occurred in Zamfara State elections and the Supreme Court made a decisive judgement, the governor and partry leaders and supporters in the state had retreated; making new calculations on theirsurvival at the Supreme Court.

National Daily had earlier reported that the Supreme Court on Friday declared that the All Progressives Congress (APC) had no candidates in Zamfara State in the 2019 general elections. The Supreme Court subsequently, declared that the political parties with the second highest votes in the elections be declared winners of the election. Thus, the Peoples Democratic Party (PDP) became the principal beneficiary of the judgment of the apex court.

The five-member panel of Justices, in a unanimous judgment, held that APC in Zamfara State failed to conduct primaries in accordance with the party rules.

In the lead judgment by Justice Paul Adamu Galinji, the Court declared that all votes cast for the APC were “wasted votes” and, therefore, declared that all political parties with the second highest votes in the elections and the required spread, are elected into the various elections.

The panel also awarded cost of N10 million against APC in favour of the Senator Kabiru Marafa faction of the APC and other respondents in the appeal.

APC stakeholders on the direct losers list in the judgment include the Governor-elect, Mukhtar Shehu Idris; Senators Abdulazeez Yari (Zamfara West); Aliyu Ikra Bilbis (Zamfara Central); Kaura Tijjani Yahaya (Zamfara North); seven elected members of the House of Representatives and 24 House of Assembly members.

When the judgment patterns are juxtaposed in both circumstances, the Osun State governor and party leaders were said  to be losing the confidence which built up after the Appeal Court judgment, while waiting for the outcome of the election case at the Supreme Court. The Tribunal in Osun delivered a declaratory judgment recognizing the PDP candidate, Senator Adeleke, as the winner of the governorship election but the judgment was overturned by the Court of Appeal. Same phenomenon played out in Zamfara State, after the Rivers State scenario. Though, while the two instances above are cases between APC factions, the Osun State conflict is between APC and PDP. the skepticism now is how will the Supreme Court reconcile the contradictory judgments by the Tribunal and the Appeal Court?