New Telegraph

Osun’s multiple troubles

While the dust which greeted the governorship election in Osun State is yet to settle, AYOBAMI AGBOOLA writes that the two major political parties in the state are in fresh conflict over the conduct of local government elections at the twilight of the outgoing administration

 

By now, it was expected that representatives of the government of Governor Adegboyega Oyetola of Osun State would be sitting with the transition committee of Senator Ademola Adeleke to prepare for handing over in the next few months.

But that seemed to have been subsumed first by litigation over who actually won the July 16 election currently before the election petitions tribunal, on the one hand and the plans to hold a local government election.

There were also fights and murder over alleged sharing of funds doled out during the election and last weekend, the convoy of the governor’s wife Mrs. Kafayat Oyetola leading to the arrest and arraignment of six accused persons before an Osogbo Magistrate Court. The defendants were Omolola Paul, 40, Rasaki Hammed, 19, Soliu Waheed, 21, Tiamiyu Basiru, 30, Olayiwola John, 26, Owoade Mutiu, 28, and Ibrahim Tunde, 20.

They were arraigned on a four-count charge of conspiracy, felony, serious assault, and malicious damage. Last Monday the Elections Petitions Tribunal sitting in Osogbo chaired by Justice Tertsea Aorga Kume granted an ex-parte motion brought by Governor Oyetola and the All Progressives Congress (APC) for substituted service on Osun-Governor-elect, Senator Adeleke.

At the sitting, the counsel to Oyetola and APC, Yomi Aliyu, SAN who brought the motion of substituted service to the court, said the Second respondent, Adeleke, has been avoiding being served the petition challenging his victory. This came after the bailiff served the first respondent, Independent National Electoral Commission (INEC), third, Peoples Democratic Party (PDP) the petition. While that is pending, trouble started brewing four weeks after the conduct of the governorship election that local government elections would soon be held before the expiration of the governor’s tenure by November 27.

It came like a rumour before the Chairman of Osun State Independent Electoral Commission (OSIEC) Otunba Segun Oladitan officially announced the planned to conduct the Local Government Elections on October 15. Reactions had begun to trail the decision of the APC-led government to come up with the idea of local government election three months before its administration go down the wind. To some people, Oyetola did not err in conducting the local government election while still in power while to others, the governor’s decision was an avenue to siphon the state treasury before leaving the office.

The opposition sees it as an avenue to cover up governor’s alleged financial impropriety. According to Oladitan the Commission ought to have conducted the local government polls but for some circumstances that are beyond control. He cited the issue of #Endsars Protest, Covid-19 pandemic among other issues as reasons for the delay in the conduct of the local government election.

“You would kindly recollect that when this Commission conducted elections in January 2018, it was based on a parliamentary system. I have the pleasure to inform you that the elections we are conducting this 2022 shall be on a presidential system whereby Chairmen of Local Government Councils shall be elected directly and the Ward Councilors shall be elected separately.

“For some time now, the Commission had been making necessary contacts with relevant stakeholders and carrying out in-house preparations for the conduct of Local Government Elections.” The commission has had a parley with all the political parties in the state where  they were informed of the coming conduct of the elections. The PDP is not taking it lying low.

It warned OSSIEC to stop the election being planned by the Commission because the election conflicts completely with the provisions of the law. The Director of Media of the PDP in the state, Oladele Oluwabamiji, described the election as a futile effort that will certainly not stand and as such, an attempt to plunge the state further into financial mess.

Oyebamiji said that the OSIEC decision to conduct the poll is in flagrant disregard for the rules of conduct of elections as enshrined in the new electoral act as amended. He drew attention of the Commission, not only to the futility of conducting the election but the grave danger of running foul of the law of the land with inherent consequences.

He said: PDP had presented a letter to the OSIEC where it was detailed by Dr. Akindele Adekunle, the Party Secretary, Otunba Femmy Carrena and secretary of PDP Legal Committee, Barrister Hashim Abioye the implications of violating the rules of law.

“The PDP informed Chairman and members of the Commission about pendency of legal suits before the High Court of Osun State and of latest, a suit pending before the Federal High Court, Osogbo, in which the legitimacy of the Commission as presently constituted, the constitutionality and legality of the planned Local Government election amongst others are being challenged.

“The PDP also cited the Supreme Court decision in OSSIEC. V. ACTION CONGRESS, where it was stated with-  out any ambiguity that no state electoral law can override the provision of the Electoral Act made by the National Assembly. “To this effect, by the provision of Section 28 of the Electoral Act, 2022, no election can hold until a notice is given not later than 360 days before the said election. The said Electoral Act also provides mandatorily in Section 29, the period within which list of candidates must be published which is 180 days.

“It is no brainier that the period within which the outgoing APC administration in Osun State is left with, is clearly far less than the period stipulated in paragraphs 28 & 29 of the Electoral Act, 2022.

“It will also be fatally wrong for OSSIEC chairman to jettison Section 150 (1) & (2) of the Electoral Act which makes it compulsory for a state electoral body to follow the provision of the Electoral Act in the procedure regulating elections to the Local Government as sub-paragraph 3 of the said section invalidates any election by a State electoral body in contravention of the procedure stipulated in the Electoral Act.

“To further solidify the PDP’s position, the Electoral Act in sub-paragraph 4 of Section 150 makes it a criminal offence and any official of the state electoral body in breach of the provision shall be prosecuted and punished accordingly. “Let me use this medium again to remind the defeated governor about pendency of litigations before the High Court of Osun State and the Federal High Court, Osogbo, in which the legitimacy of the Commission as presently constituted, the constitutionality

and legality of the planned local government election amongst others are being challenged. “We are not unaware of a recently rushed bill by the State House of Assembly to render life support to the brought in dead idea of railroading the state into a clearly illegal exercise.

But, the law is settled that no state electoral law can override the provisions of the Electoral Act made by the National Assembly of Nigeria. “Section 28 of the Electoral Act, 2022, stipulates that no election can hold until a notice of 360 days is given to all relevant stakeholders before such election. The Electoral Act also provides without any room for Mr Oyetola’s kind of dilly dally, in Section 29, a period of 180 days within which a list of candidates must be published.

“There’s no ambiguity in the fact that the period within which the outgoing APC administration in Osun State is left with, is clearly far less than the period stipulated in paragraphs 28 & 29 of the Electoral Act, 2022. This shows that the proposed election was never on the table of the APC government in the state until they got sacked at the poll by the same people the governor and his juvenile team of power drunks had taken for granted for so long.”

“It is also another kettle of fish where the billions of Naira bookmarked for the election is coming from. Is it from the same treasury that had often been declared red and empty, such that entitlements of the founding fathers and mothers of the state who are now pensioners were wickedly withheld?

Was the exercise budgeted as required or the governor, Mr. Oyetola is only glued to covering loose ends of his corrupt administration? “Jettisoning Section 150 (1) & (2) of the Electoral Act especially, which makes it compulsory for a state electoral body to follow the provisions of the Electoral Act in the procedure regulating elections to the local government as sub-paragraph 3 of the section invalidates any election by a state electoral body in contravention of the procedure stipulated in the Electoral Act.

“OSIEC is further reminded today that the Electoral Act in sub-paragraph 4 of Section 150 makes it a criminal offence for any official of the state electoral body to breach the provision, as such a deliberate offender is liable to be prosecuted. The eagerness to waste state resources on this fruitless venture again makes it more criminal for members of OSIEC. “It is our belief and hope that OSIEC members and other recalcitrant stakeholders take note of these warnings as being chronicled and properly noted for record purposes.

“We cannot but sympathize with the outgoing government for it’s failures occasioned by arrogance and cluelessness. However, Osun State and indeed the suffering masses in the State cannot be offered as guinea pigs by a man fighting himself over avoidable pitfalls.

“We again reiterate our call on the IGP Alkali Baba Usman and the state Commissioner of Police to take proactive steps to nip in the bud, the likelihood of breach of the peace in the state as masses of the state are eager and more than ready to resist any action by the rejected government to further impoverish them by political gangsters without any modicum of morality and conscience.”

But the Osun State Chapter of the APC has cautioned PDP in the state to stop its threat to plunge the state into an avoidable crisis over the conduct of the local government election in the state.

According to the state chairman of the APC, Prince Gboyega Famodun, the party frowned at the series of threats by the PDP through Dr. Akindele, in Osogbo where he allegedly threatened the readiness of his party to promote chaos in the state.

The governing party told the PDP that there is an option available to approach the court instead of threatening to bring down the government of Oyetola.

The APC also reminded the PDP handlers led by Adekunle that the law of sedition is firmly in force to deal with anyone who is contemplating an insurrection against any lawful authority. He said the statutory security outfits should also be alert to nip in the bud any plans of any individual or group of renegades whose intention is to promote chaos in the state.

Famodun who stated that the use of selfhelp has no nexus with a democratic institution explained that the OSSIEC as a corporate body can sue and be sued by anyone or a corporate body which has an axe to grind with it.

 

Former Chairman of the Nigerian Bar Association (NBA), Ilesa Branch, Bar. Kanmi Ajibola has filed a contempt of court charge against the Chairman and all members of the Osun State Independent Electoral Commission (OSIEC) and the Speaker of the State House of Assembly, Rt. Hon. Timothy Owoeye.

Besides, the activist lawyer has written a letter to the OSIEC Chairman, Mr. Oladitan, warning him of the dire consequences of his action. He, in the same letter copied to the state governor, Alhaji Adegboyega Oyetola cautioned him against releasing funds to conduct “the illegal” LG election during the pendency of the case in court, noting that such action shall be considered unwise and criminal misappropriation of public funds.

In the letter dated, 17th August 2022 and titled SUIT NO: HIL/M.66/17 KANMI AJIBOLA VERSUS GOVERNOR OF OSUN STATE & ORS, the lawyer advised the OSIEC boss the need to stay further action on the polls and submit to the rule of law by not going into what he called “illegality”.

 

He quoted the Supreme Court judgments delivered on the Military Governor of Lagos State vs. Ojukwu (1986), Elf Marketing (Nig) ltd vs. J.L. Oyeniyin & Sons (1985) 7 NWLR, First African Trust Bank Ltd & Anor. Vs. Basil O. Ezegbu & Anor (1992), saying when a matter is pending in a Court, a notice of such matter acts as a STAY OF ANY ACTION that may prejudice the matter in Court.

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