Mimiko wins as Appeal Court throws out Akeredolu, Oke’s appeals

THE Court of Appeal, Akure Division, on Monday, dismissed the appeals filed by the candidate of the Action Congress of Nigeria (ACN) in the last governorship election in Ondo State, Mr Oluwarotimi Akeredolu and that of the Peoples Democratic Party (PDP), Chief Olusola Oke, challenging the victory of Governor Olusegun Mimiko at the poll.

The appellate court, in separate judgments delivered by members of the five-man panel, held that the two appeals lacked merit.

Delivering the lead judgment that was unanimously adopted by members in Akeredolu’s legal team, Justice Ejembi Eko said the lower tribunal was right to have dismissed the petition, as the petitioner failed to prove that what he complained of substantially affected the result of the election.

According to him, the petitioner should prove how such act affect the conduct and result of the election.

The court, however, said the lower tribunal was wrong when it held that it had no jurisdiction over the complaints of illegal injection into the 2012 voter register used for the election.

Eko held that since voter register was part of the processes of the election, the tribunal had jurisdiction to adjudicate on it, adding that it was left to the petitioner to prove how such injection affected the result of the election.

“The various acts of non-compliance have not affected the result of the election. The tribunal correctly exercise its discretion by dismissing the petition, therefore, the appeal is hereby dismissed for lack of merit,” he said.

Also delivering the lead judgment in the appeal filed by Oke, Justice Daniel Kalio noted that the burden of proof was on the petitioner, adding that he failed to show how the alleged non-compliance affected the result of the election.

“It was for the appellant to prove how the alleged actions affected the election, because many of the allegations are criminal in nature and must be proved beyond reasonable doubt, the court is not interested in stories or crying wolf but proof must be shown.

“The appeal has no merit, perhaps when our democracy develops, the losers will congratulate the winners, having held that the appeal has no merit, it is hereby dismissed,” he said.

Reacting to the judgment, Mimiko said it was a confirmation and the affirmation of the mandate given to him by the people of the state on October 20, 2012.

The governor urged the opposition to sheath their swords and john him in his efforts at developing the state.

But the ACN and PDP had rejected the verdict of the court of appeal, with the ACN describing it as a miscarriage of justice.

A statement by the state publicity secretary of the party, Rotimi Agbede, said the judgment had laid a bad precedence in the country’s legal jurisprudence.

The special adviser to Oke on media, Kunle Adebayo, also said “it is clear that the judgment constitutes a brazen defeat of the expectations of the people of Ondo State.”

 Source: Tribune