I could have glossed over this journalistic reportage by Ismail Omipidan,who happened to be a media aide to Alhaji Isiaka Adegboyega Oyetola in his first term in office as the governor of the State of Osun. But for the simple fact that the subject matter he is referring to is a legal matter,l just consider it expediently necessary to clear the minds of the reading public about the innuendos contained in his write-up.

 

Let me say this from the beginning of my response that legal matters,especially election procedural matter is “sui generis”.

It is a class on its own with distinctive features on how to go about it.

 

If Ismail Omipidan think he can use sensational report of this nature to raise the hope that his paymaster,the erstwhile governor of the state of osun, Isaka Adegboyega Oyetola have justiceable course at the Election Tribunal,he is just deceiving himself.

 

If the other variant is to hold APC membership in osun state intact in preparation for the 2023 General elections so that their candidates in all the elections can still be pitied by the electorates,Ismail Omipidan is wallowing in ignorance and illusion.

 

Whatever his views are on his update at the on-going Election Tribunal in Osun State is wasteful exercise.

 

As a legal mind,l will like to correct his erroneous beliefs in a simple logical sense so as to decontaminate the unsuspected minds of the reading public who may be confused by reading through his falsehood.

 

According to Ismail Omipidan, the 2 issues APC/Isiaka Adegboyega Oyetola raised before Election Tribunal for determination are:

(1) That Senator Ademola Adeleke was not qualified to contest election at the time he did.

(2) That there was over-voting in 749 Polling Units across 10 local governments in the state.

 

On the first claim,the appropriate questions to ask Ismail Omipidan are:

Which agency of government has the right to screen and determine who is qualified to contest an election? Is it INEC,Tribunal or court? What is the constitutional requirement for contesting for the post of governorship of a state?

 

In answering the first question, INEC is the only agency of government that has the right to screen and determine who is qualified to be a candidate in governorship election.

With this simple fact,either Election Tribunal or other courts of the land cannot usurp the functions of INEC in this regard.

 

Succinctly put by the 1999 constitution of the Federal Republic of Nigeria as amended in Section 177,
“A person shall be qualified for election to the office of Governor of a state if-

(a) he is a citizen of Nigeria by birth,

(b) he has attained the age of thirty-five years,

(c) he is a member of political party and is sponsored by that political party,and

(d) He has been educated up to atleast School Certificate level or its equivalent.

 

The relevant section of the Nigerian constitution quoted above, particularly sub section (d) clears Senator Ademola Adeleke as qualified to contest for the post of governor.
It is upon this prism that INEC based its screening in 2018 which the Supreme Court of Nigeria later affirmed that Adeleke is qualified when the same APC/Isiaka Adegboyega Oyetola made an issue out of it then.

 

Is Ismail Omipidan and his ilks in APC celebrating certificate issue again in 2022 not aware of the Supreme Court judgement on thesame? Of what importance and relevance is their counsel asking INEC to bring Senator Ademola Adeleke’s certificate through subpoena as used in 2018? Is that effort not in futility? I pity them for presenting ignorantia ad-homien fallacy in the public glare.

 

Though, it is their legal right to subpoena on any issue to buttress their claim,but it is equally important they consider the veracity of such action.

An action that will paint them in bad light in the public as desperately ambitious ought to have been discontenanced with.

 

In this instance case, it is only the Tribunal/Courts that will tell them the issue of disqualification in the mode they are saying it is pre-election matter which has been foreclosed with Senator Ademola Adeleke’s clearance by INEC either in 2018 or now in 2022.

 

The second leg of their claim in the Tribunal is the issue of over-voting in 749 Polling Units that cut across 10 local governments of osun state.
This is ridiculously laughable. Can they prove this within the 15 days alloted them to prove their case?

 

Of all their witnesses brought so far before the Tribunal,how many of them can they boast of fortifying their case?

 

Instead, they are turned to hostile witnesses with their evidence turning against them during the cross-examination of PDP legal luminaries.
The ACN l know in 2014 at the Election Tribunal,that later transformed to APC in 2018 will be beating their chest by now that they will win the case if their case is super.

 

Their reliance on the certificate issue and over-voting 2022 is meaningless and senseless legal pursuit.

 

If there are to be incident of over-voting,APC is the only political party in Osun that can be accused of this, as the party in power in the state with government machineries to make this to happen.

 

Accusing PDP of over-voting is like chasing a mere shadow all about.

 

Head or tail, APC is loosing this case. There is no substance in their matter at the Tribunal.
All the evidence tendered at the Bar through their lawyers which people were scared of as something reasonable are mere junks dumped on the Tribunal.

 

So also the pieces of evidence tendered by APC State Returning Officer are all waste products that will be kept as dumping refuse in the storehouse of the Tribunal if there is no credible witness to activate them in line with legal precision.

 

Each of the evidence can be made use of,if the Polling Agents used on the election day that were present at the Polling Units to witness what transpired in the 749 Polling Units are brought to court as witnesses and are cross-examined by PDP,INEC and Ademola Adeleke’s lawyers. Anything short of that is regarded as hearsay evidence that the Tribunal cannot rely on.

 

I take my time to say all this in order to allay the fear of some people who think all that are being said by Ismail Omipidan are real.

 

He is just wasting his time in his journalistic rascality.

 

When we are talking of law, Senator Ademola Adeleke is the governor of Osun State whose APC falsified claim at the Election Tribunal cannot remove.

 

Ismail Omipidan and his APC cohorts should note finally that election matter is not won on the pages of social media.

 

The sole determinant is Election Tribunal and later Court of Appeal and the Supreme Court as the case may be.

 

Ismail Omipidan should also note that PDP is now the government of the day in Osun State. That the table of power that turned against them has made APC the opposition party in the state.

 

Barrister Rotimi Adeyenuwo from Ile-Ife.