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Olusegun Mimiko declared Ondo State’s new executive governor

Akure - The Labour Party governorship candidate in the April 14 election in Ondo State, Dr Olusegun Mimiko has been declared the lawful winner of the election by the Election Petition Tribunal sitting in Akure, the Ondo State capital, thereby nullifying the election of PDP candidate, and current occupier of the state governement house, Dr Olusegun Agagu.

But in a swift reaction to the verdict Dr Agagu told newsmen in Akure yesterday that he accepted the judgment but would proceed to the Appeal Court as required by the Constitution.

Dr Mimiko, however, said that the victory is dedicated to the masses in the state adding that the judiciary has once again restored the hope of Nigerians in the country’s nascent democracy.

The Labour Party governorship candidate who was reacting to verdict said that the, “the victory is for the generality of the people of Ondo State who trooped out on April 14 to vote for their choice and through their relentless prayers God in his infinite mercy has answered their prayers.

“If Dr Agagu and the PDP want to appeal the judgment, we shall meet them at the appeal and again they would loose because we have overwhelming evidences that the election was massively rigged.”

Yesterday’s verdict ends the barely 15 months legal fireworks by counsels to the Petitioner led by Chief Wole Olanipekun, SAN, and that of the first respondent Chief Lateef Fagbemi, SAN, amongst others who represents the Peoples Democratic party, the Independent National Electoral Commission (INEC), and the Police.

Chairman of the five member tribunal Justice Garba Nabaruma subsequently ordered INEC to issue him certificate of return and thereafter sworn-in as governor of the state.

Nabaruma in the one hour ten minutes judgment read at court 2 in the premises of Akure High Court said that Mimiko scored the required 25 percent in 13 council areas of the state in the election.

The Chairman of the tribunal said that Mimiko was able to prove the allegations as contained in his petition of electoral fraud and non-conduct of elections in the four contentious council areas of the state.

According to the tribunal, the election results in two council areas Irele and Ilaje were nullified for gross electoral fraud while those in some areas in eight councils were equally nullified for the electoral malpractices.

The council areas whose results were partly nullified include Akure North, Akoko North-East, Akoko North-West, Ile Oluji/Okeigbo, Okitipupa, Ose, Ese Odo and Odigbo.

The Labour Party governorship candidate had approached the tribunal to challenge the victory of Dr. Agagu after the April 14 election asking that he should be declared the winner of the election having scored the required votes cast in the poll.

According to Mimiko, the April 14 election were marred with irregularities ranging from voting, multiple thumb printing, signing of election results by political office holders contrary to the Electoral Act 2006.

In all Mimiko invited 30 witnesses including the Renown British Finger Print Expert Andrea Forty while Dr. Agagu invited 40 witnesses to discredit the evidences advanced by Mimiko’s witnesses.
Delivering the judgment, the Chairman of the tribunal said that after the cancellation of the unlawful votes recorded for both parties, the total lawful votes for Mimiko was put at 198,269 votes as against that of Agagu which is 128,8669. Nabaruma said that the total number of votes cast in the election was 403,903.

Speaking with newsmen at the Government House Ground, Governor Agagu said that, “I accept the verdict of the tribunal, but we have taken a decision to go on appeal.

“I will appeal as PDP candidate and the PDP will appeal as a party. We have 21 days to appeal. I want to assure that the valid notice of appeal will be filed. The battle is still on.

“It is a normal and legal thing to do. I therefore appeal to the good people of this state to go about their lawful duties in a peaceful manner.

“We shall present our case before the appeal and the final judgment would come after the sitting of the Appeal court.

“We will continue to function as government of Ondo State and do our job as stipulated by the law, we want to assure you that we would neither slow down in any aspect of the developmental projects that the good Lord has been using us to do in Ondo State over the last five years.

“I want to appeal to our people to eschew all manner of violence and should go about their normal duties.

Reacting to the judgment, the National Vice Chairman of the PDP, Alhaji Tajudeen Oladipo, said that the party is, “law abiding and would explore the next avenue required by the Constitution of the country”.
Oladipo appeal to the people of the state to continue to support the governor and should not express any fear adding that the governor and the party would appeal the judgment.

The lead counsel to Dr. Mimiko in his reaction said, “The judgment is remarkable and a victory to the masses of the state.

“This is a judgment from five men of integrity, five men of dignity, five men who have conscience, who believe that you have to administer justice according to law, according to conscience and according to the fear of God because judges are here representing God on earth. When you make someone a judge, he owes justice for God, he is answerable to the Constitution, to the law, to his conscience and above it all to God almighty.

Speaking on the Appeal by Dr. Agagu, Chief Olanipekun said, “We have won so don’t ask me about any appeal but I want to say that this is Olusegun Mimiko against Olusegun Agagu they are brothers they suck from the same political breast that is from Evangelist Bamidele Olumilua so I don’t see any reason why they should appeal.”

In a swift reaction to the judgment, Chief Gani Fawehinmi described it as a “cast-iron victory for truth and a clear-cut expression of the electoral wishes of the Ondo State people.”

In a statement Fawehinmi who is an indigene of the state added: “I congratulate all the members of the Election Petition Tribunal for their courage and honesty which are the pillars and hallmarks of the Rule of Law.

“Agagu should not prolong the agony of Ondo State by lodging appeal. Such an appeal will be a meaningless exercise. The Ondo State people have suffered so much as a result of the diabolically rigged election.

“All those who were adjudged involved in the criminal breaches of the electoral laws should be prosecuted.

“I appeal to Dr. Mimiko to make his administration the best, most progressive and most incorruptible for the Ondo State people.”

Meanwhile, the street of Akure remained deserted before and after the verdict was pronounced by the tribunal.

Civil servants in the state stayed at home while shops were under lock and key yesterday while policemen deployed to the state marched round the Akure metropolis singing war songs.

It was jubilation galore as supporters of Dr. Mimiko trooped to the streets singing praises to God for the outcome of the verdict.

The Secretariat of the Labour Party was a beehive of activities as it was turned into a church where several prayer points were raised and songs were rendered to show their mood.

The newly declared Governor, Olusegun Rahman Mimiko, was born on 3rd October, 1954 in Ondo State. He entered St. Joseph ’s College, Ondo, in 1966, and left with the West African School Certificate in 1970. Between 1971 and 1972, he was a Higher School Certificate (HSC) student at the popular Gboluji Grammar School, Ile-Oluji.

Mimiko entered the University of Ife (now Obafemi Awolowo University), Ile-Ife in 1972. In 1976, he bagged a B.Sc. Health Sciences; and the MB; CH.B in 1980. He is registered with the Nigerian Medical and Dental Council as a Medical Practitioner.

Source: Vanguard/Guardian/ThisDay

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