By
Hon. Rahman Owokoniran
Despite the recent court rulings with respect to outcomes of the contested 2023 election cases, we cannot give up on our democracy regardless of the misguided and disillusioned narrative being spread around. Our Judiciary, just like any others, is riddled with both good and bad people. Somehow, when the cause is just, good people who are committed to justice and fair play will show up to defend the truth, as in the case of the Appellate Court in Ogun State.
Why do I say this?
The judgment passed by the three judges was certainly not unanimous, with a 2:1 vote favouring the ruling APC. This is quite reminiscent of the Osun Tribunal Judgement in January of 2023. It seems therefore that all hope is not lost in Ogun State.
The election, certified by INEC in places where voting didn’t take place in some wards and local government areas, is being disregarded. Those areas are therefore not counted as votes in the election of 18th March, 2023.
It was evident from police reports that election did not take place in these identifiable polling units. INEC also testified that elections didn’t take place in over 90 polling units. At the state final collation centre, it was recorded that the PDP agent protested against the declaration of the results because the election was inconclusive. Rather than the INEC Collation officer looking into the matter, he disregarded the request and went ahead to announce the result, even when the announcement was in violation of the electoral law.
The electoral law stipulates that where the total number of vote differences is less than the total number of inconclusive votes, the election has to be declared inconclusive. In the Ogun State governorship election, the difference between APC and PDP results was over10,000, as against the total number of votes disallowed due to stopping the election in some polling stations by INEC. This was admitted in court by INEC.
Does this mean INEC’s intention was to forfeit the votes or disenfranchise some people in some areas for the benefit of one party against the other? If the answer is NO, it would then be mandatory for INEC to allow those thousands of people who were yet to cast their votes do so, especially, when it was INEC that disallowed or discouraged the continuation of the voting.
Taking a critical overview of the election process, only INEC and the Incumbent Executive Governor have the control over security –officially or unofficially. So if election was discontinued in any of the units, it certainly did not come from the opposition PDP. From all accounts, it was clear from cross examination that PDP agents were not responsible for any of the disruptions that led to stopping elections in the polling units. So, if the APC and other political parties also say they are not responsible, who then is responsible? Why should the people be disenfranchised? It is the incumbent Governor, as the Chief Security Officer of the state, and INEC that failed in discharging their duties. So why must APC benefit from its own failure to protect the people? This will amount to undue advantage to APC, which looked the other way at critical moments during the elections for whatever reasons. The people in those areas deserve a chance to cast their votes. There is no reason to disenfranchise them. That was what the minority opinion, the voice of reason and justice, boldly highlighted. INEC has no reason to disown its own certified documents. It is wrong, immoral and unjust for INEC not to stand by a document it certified.
For us in the PDP, we expected an angel to show up and throw light into the darkness gradually enveloping the Judiciary, and it came in human form, in the person of Justice Jane Inyang.
We thank God for being merciful. Justice Inyang has provided us a window to get justice.
Thank you very much for rekindling our faith in the Judiciary. Now we can proceed to the Supreme Court with our heads up knowing that justice is certain. It doesn’t matter that we have a minority of one because it removed the lead from the equation and opened up the door for justice to be delivered. If INEC conducted the elections and the results of these elections are being questioned, the courts have the authority to request INEC to produce the exhibits and documents that are relevant to the election for scrutiny. That is how justice is delivered. If INEC’s decision was good enough for the PDP in the first instance, we would not have approached the court. Therefore, it cannot be just to take INEC’s lawyers words for answers to the problems, especially when those answers contradict most documents certified by the respective agencies.
Like we anticipate:
- The Supreme Court will explore all the relevant facts to determine whether or not it is just to disenfranchise the people of Ogun State that are yet to cast their votes.
- Should the Chief Security officer of Ogun State have been allowed to use his power to stop voting in some polling units for whatever reason?
- Should the INEC returning officer have declared the results when so many units with votes far more than the difference in the two highest results is yet to be decided –the determination of which should have been made by the appropriate authorities in the presence of the opposition parties?
These are questions that need to be further explored. The PDP hopes that the Supreme Court will do right by the people of Ogun State.
HON. RAHMAN OWOKONIRAN (ACTING CHAIRMAN PDP SOUTH-WEST) WRITES FROM LAGOS STATE