EKITI POLLS: APC can contest result – Lawyers

A cross section of eminent legal minds on Saturday agreed that the All Progressives Congress (APC) has the legal right to contest the outcome of the Ekiti governorship election held on June 21. Likewise, the Nigerian Human Rights Community (NHRC) has called for a public inquiry on the type of ballot papers used for the election, amidst claims in some quarters that photochromic ballot papers were programmed to ensure victory for the Peoples Democratic Party (PDP). The election, widely believed to be free and fair, was won by the candidate of PDP, Peter Ayodele Fayose. The APC candidate and incumbent governor of the state, John Kayode Fayemi, had earlier conceded defeat and indicated his decision to respect the result if it was indeed the reflection of people’s wish. But, his party had overruled him, and decided to file a petition at the election petition tribunal to contest the outcome of the election. The APC had alleged high-tech rigging on the ground that some of its chieftains, including two sitting governors, were denied access to Ekiti before the election, and that some of its chieftains were arrested in Ekiti on the day of election. But, reacting to the development, Chairman of Nigerian Bar Association (NBA), Ikeja branch, Monday Ubani, said in as much as the party was at liberty to challenge the result of the election, he would be taken aback if the party makes good the threat. “I said so because many people have already commended the political maturity displayed by Governor Fayemi in conceding defeat. “For you to succeed in an election petition, you must prove that there was massive irregularity that affected the result of the poll, but the election as been widely accepted to be free and fair. “I have condemned the arrest of some of their chieftains and the militarisation of the election, but can that really be said to have affected the outcome of the poll? “May be, the APC has a point to prove, but the courts have been very reluctant in upturning any election, not to talk of the one that was generally believed to be free and fair,” Ubani said. He, however, admitted that the party had the legal right to approach the election petition tribunal. Also, human rights activist and Lagos-based lawyer, Ebun-Olu Adegboruwa, admitted that the APC was entitled legally to contest the result of the poll. He pointed out that the APC, however, lacked the right to contest the election without Fayemi, who had earlier conceded defeat. “Now, Governor Fayemi has been widely praised for the rare act of sportsmanship that he displayed, but all that would be gone if he elected to toe his party line. “Personally, I will be shocked to see him sacrifice his moral respect on the altar of party politics having openly announced that he would not challenge the result,” Adegboruwa stressed. According to the lawyer, such decision would be a calamitous position to Fayemi’s political career. NHRC, on its part, said an inquiry was necessary to ascertain or disprove claims on the ballot papers in order to forestall any incident that could mar the August 9 election in Osun State. The group in a preliminary report, signed by Ariyo Olu Bolade, urged the Independent National Electoral Commission (INEC) to strive to regain dwindling confidence arising from reports that the ballot papers were programmed to favour the PDP. “This needs to be done before the next gubernatorial election in Osun State. We call on Nigerians to push for a public inquiry so as to regain public confidence,” Bolade said. The rights group, whose affiliate members monitored the election, said though Ekiti people have accepted the result in good faith, several flaws classified the election processes below best global practices. The group said that the ruling party, the PDP top officials were reported to have been sighted in Akure with ballot papers while 11 people were arrested at Afao-Ekiti in a resort owned by Dipo Anisulowo, the Director of Campaign of the PDP candidate, Ayodele Fayose. These critical reports on the heels of the election are yet to be investigated. The rights coalition said that the ballot papers used for the election were customised and that it was the first time such ballot papers were being used by the Independent National Electoral Commission (INEC). The coalition said that voters in rural communities where the electorate knows each other and recognise the party divide in their homestead were shocked against their expectations after the results were announced in a way against their predictable voting patterns. On future elections, the NHRC urged the Federal Government to make transparent and involve political stakeholders in the contracting of sensitive electoral materials saying that this has raised serious doubts on the quality and character of the ballot papers used, fuelling widespread speculations that the ballot papers were cloned ab initio to ensure the victory of the PDP. “The fact that PDP leaders boasted and even taunted the figures later released, weeks before the election further confirmed the speculations that the election was programmed to criminalise the voting population”, the group added.