Ogun Governorship: Legal fireworks begin as Adebutu moves to unseat Abiodun
On Monday, July 3, 2023, the Peoples Democratic Party (PDP) and its gubernatorial candidate in the March 18 election, Hon. Oladipupo Adebutu will begin a stout challenge to recover the mandate which was allegedly stolen by Governor Dapo Abiodun at the polls.
The petitioners, through their team of lawyers led by legal luminary Chris Uche, SAN, are set to inundate the Ogun State Governorship Election Petition Tribunal with irrefutable evidence that Governor Dapo Abiodun of the ruling All Progressives Congress (APC) was not duly elected at the March 18 poll. Ijebu-born academic, Prof. Taiwo Osipitan, will be leading Abiodun’s defence.
Controversial declaration
Recall that on March 19, the Independent National Electoral Commission (INEC), through its State Returning Officer, Prof. Kayode Adebowale of the University of Ibadan, announced Abiodun winner of the guber election with 276,298 votes ahead of Adebutu’s 262,383 votes.
Prior to the declaration of Abiodun, there were protests and petitions at the collation centre in Abeokuta. Journalists and PDP state collation agent Sunkanmi Oyejide queried why Prof. Adebowale was going to declare the result in apparent disregard for the provisions of the Electoral Act 2022.
They argued that in line with the electoral act, Abiodun cannot be declared winner of the election because his margin of lead of just over 13,000 votes was less than the total cancelled votes. They were also cases of voting disruption in many parts of the state, especially in Remo.
Nonetheless, the University of Ibadan went ahead to announce the disputed poll, saying INEC could still review the declaration within seven days. It was later to be rumoured that Adebowale came under intense pressure and enticement to declare the results and allow the complainants “go to court”.
Grounds of Petition
In a 307-page petition filed by Adebutu and the PDP against INEC, APC and Abiodun, on April 7, the petitioners are basing their petition on four pillars:
One, that Abiodun was not qualified to be nominated by the APC due to discrepancies in his academic qualification as well as his criminal indictment for credit card fraud in the US.
Two, that Abiodun did not score the highest number of valid votes cast at the polls. This is due to the cases of rigging that have been established during the inspection of voting materials from INEC. Lawyers are hoping to convince the tribunal with overwhelming evidence.
Three, that INEC breached the Margin of Lead rule as enshrined in the Electoral Act 2022, hence their declaration of Dapo Abiodun as winner of the poll should not stand.
Four, that the election outcome was substantially affected by voting disruption in 99 Polling Units which cut across 41 Wards in 16 Local Government Areas of the state, and as such election should have been declared inconclusive and a rerun ordered.
Summarily, the petitioners are praying the court to disqualify Prince Dapo Abiodun and declare Hon. Ladi Adebutu as the duly elected governor having polled the highest number of valid votes or in the alternative, order a fresh election in polling units where elections were not held and/or canceled due to disruption and overvoting.
All Eyes on Judiciary, Security Agencies
Though many legal analysts agree that Adebutu and the PDP have a strong case, early signs are worrying for the petitioners as it appears to be a resolve by the powers that be to frustrate their petition.
As it stands, Adebutu has remained abroad owing to reports of alleged attempts on his life. At the commencement of the pre-hearing on June 5, thugs said to be loyal to the state government visited violence on chieftains and supporters of the PDP who dared attend the sitting. The police were also accused of doing nothing while the attacks raged.
Observers say the move was part of a plot to cower the tribunal and make it do the bidding of the government. It is still early days but the state actors appear to be running away with that plot.
Only time will tell how the pendulum will swing but it is surely going to be a long-drawn battle and Ogun residents can’t wait to heave a sigh of relief and fresh air.
Sunday Lamidi is a public affairs analysts, he writes from Ogun State.
Seunmanuel Faleye is a brand and communications strategist. He is a covert writer and an overt creative head. He publishes Apple’s Bite International Magazine.
