It was the day that the court of Appeal presided over by the President of the Court  Justice Umaru Abdulahi, upheld the March 20, 2008, judgment of the State Election Petition Tribunal which had earlier declared Comrade Adams Oshiomohle the dully elected Governor of Edo state, having polled the highest valued votes in the April 14,2007 Governorship election in the state.

Governor of Edo State, Comrade Adams Oshiomohle

He walked straight to his lawyers, Rickey Tafa and Wole Olanikpekun and shook them very strongly. He equally walked up to the Counsels to the Peoples Democratic Party (PDP) and former Governor Oserhiemen Osunbor and shook them before walking to his seat.

His greetings were quite intimidating because Saturday Vanguard over heard one of the PDP lawyers asking his colleague what could have given the Comrade such confidence that he won.

Accompanying Comrade Oshiomhole were the South South Leader of the Action Congress (AC), Chief Tom Ikimi, former Secretary to the state Government under Governor Lucky Igbinedion, Pastor Osagie Ize-Iyamu, Chairman of the party in the state, Prince Tony Omoaghe, Malik Afegbua, Gentileman Amegor and others.

 At exactly 9:35am, Justice Abdulahi walked in with four other Judges that eventually sacked former Governor Osunbor.

The Peoples Democratic Party ( PDP) and former Governor Osunbor were represented by the state Chairman of the party, Barrister Edward Sado, South South Youth Leader of the party, Mr Ralph Osuomo, Samson Esemuede and other supporters. It was learnt that the Governor traveled to his village the previous night with his family.   

But what was quite shocking to members of the public was that prior to the judgment, all the parties were optimistic about victory.

Soon after the judgment, Benin City went into frenzy in wild jubilation causing terrible hold up in the city. About five persons reportedly lost their lives while jubilating.

Former Governor Osunbor watched the proceedings from  his Iruekpen country home with close aides and family members. Several of the celebrants hung on vehicles clutching brooms, the symbol of the Action Congress just as motorists and motor cyclists honk their horns as part of the celebration.

When Saturday Vanguard visited the Denis Osadebey Avenue , seat of the state government, the place was deserted and was taken over by anti riot policemen to prevent any looting of government property.

Saturday Vanguard met a police officer, Awarenen Godwin at the gate of the government house and he said “I am incharge of securing this place. There is no body inside the place so you cannot go in. For now, I am incharge of this place the governor elect will not be here until tomorrow so please you can go back”.

A Comrade becomes Governor even aganist all odds

Justice Abdulahi therefore ruled that “Comrade Oshiomhole who was declared  winner of the April 14, 2007 Governorship election having polled the highest valued votes is hereby declared the winner of the election as ruled by the lower court. The certificate of return issued to Professor Osunbor is hereby withdrawn and issued to Oshiomohle as the Governor elect of the Edo state”.  

Before the judgment, the court had earlier dismissed the interlocutory appeal filed by the ex Governor, PDP and INEC, bordering on signatory to the petition of Oshiomhole at the lower tribunal. It held that the decision of the tribunal in dismissing the motion on the issue of signature was right, just as it affirmed the decision of the lower tribunal that the days of justice by technicalities were gone forever in Nigeria.

On the 82 grounds of appeal filed by Professor Osunbor, the appellate court subsumed them into four areas for determination. On the issue of whether INEC officials should have been joined as witnesses by the respondents, the appellate court dismissed it saying that it was already dealt with in the interlocutory appeal filed by the appellants.

On whether the tribunal was right to have used My Kayode Olawale, INEC’s Director of Operations in Edo state evidences to arrive at its decision, the court held that the lower tribunal was right and resolved in favour of the respondents. It also held that the decision of the tribunal that East West Local Government as spelt in the petitioner’s petition was a typographical error that could be corrected by the oral application.

On the issue of corrupt practices in Edo Central which the tribunal described as overwhelming and which the appellants accused the lower tribunal of embarking on the fact finding, the court of appeal held that the issue of non compliance and multiple voting was not only proved by the respondents but beyond reasonable doubts, holding that the tribunal was right in its decision.

Ruling on the use of charts A-O for the final determination of results of the election by the lower tribunal, the appellate court said that the views of the tribunal were right to have relied on the chart. It added that the appellant never challenged the computation done by the respondents. Commenting on the allegation of the cancellation of the elections in Akoko Edo and Etsako Central Local Government Areas by the former Resident Electoral Commissioner, Alhaji Abubalar Muhammadu, the court of Appeal held that the respondent’s case was threatened by documentary evidence, adding that the standard of proof required in election guidelines (petition) was clearly stated.

On multiple registrations voting, a contestation by Professor Osunbor that votes from eight wards from Esan West Local Government should not have been cancelled, it held that the tribunal was right in canceling and voiding the votes. On whether Oshiomhole got ¼ of the votes cast in 12 of the Local Government Areas of the state, the court affirmed the decision of the lower tribunal in affirming the decision.

Lead Counsel to Oshiomhole, Mr Wole Olanipekun (SAN), while appreciating the judgment, said “ this is not a case of winner or loser. I praised my colleagues on the other side of the divide”.
For Mr Rickey Tarfa (SAN), lead Counsel to AC, he said “ the industry demonstrated by the judges will go down a long way to strengthen democracy in Nigeria ”.

In his response, Chief Lateef Fagbemi, Counsel to Professor Osunbor, thanked the judges for straining themselves for hearing and deciding the case in a record of time.
Counsel to the PDP, Mr Ighodalo Imadegbelo (SAN), said that, “Nigerians should respect the rule of law. We should respect the judgment”.   

In a swift reaction, Oshiomohle with tears of joy running down his cheeks, told news men that “we are happy today because the truth no matter how long it took has prevailed. As you can see, tough times do not last but the tough do. I know what we have gone through but I am happy that I have been able to fulfill what I promised Edo people that we will defend. Today, the votes have counted, for the first time the rights of Edo people have counted.

“This is  an attempt to say that this government was as a result of our ballot papers and we thank Justice Abdulahi and his colleagues who handled the case, with thanks to the judges at the election tribunal and we thank all the Nigerian people who have been praying for us  and to them we dedicate this victory to the people of the state and Nigeria”.

And  the swearing in at the Samuel Ogbemudia Stadium was an evidence  that he was indeed the peoples Governor as thousand of Edo state indigenes thronged  the stadium to show support to the new Governor. It was echoes of Obama, Obama all through.  

Two state Governors, Dr Peter Obi (Anambra) and Mr Babatunde Fashola of Lagos state as well as former Governor of Lagos state, Asiwaju Bola Tinubu, National Chairman of the Action Congress (AC),Chief Bisi Akande, Senator Ben Obi who represented former Vice-President Atiku Abubakar, Former Chief of General Staff, Vice-Admiral Mike Akhigbe (rtd), first civilian Governor of the state, Chief John Odigie-Oyegun were among the several dignitaries that witnessed the inauguration of Oshiomhole as Governor of Edo state.

Other dignitaries present were the President of the Nigeria Labour Congress (NLC) Mr Umar Waheed, General Secretary of the NLC, Mr John Odah, Deputy Chairman of the NLC, Mr Isa Aremu, Mother of the Governor, Alhaja Aishatu Oshiomohle, Senator Rowland Owie and wife, Chief Tom Ikimi, Mr Nduka Obaigbena, Iyase of Benin Kingdom, Chief Sam Igbe, the Otaru of Auchi, the Esogban of Benin kingdom, Chief David Edebiri who represented the Oba of Benin, Bishop Margaret Benson Idahosa, Fidelis Ogbejele, Dr John Ogbeide, among others.

The joyous crowd were overwhelmed with emotions as they echoed “ Obama, Obama when Oshiomhole rose to the podium to deliver his acceptance speech.

One of the spectators who shed tears of joy told Saturday Vanguard that “ the last time I saw this kind of crowd was in 1979 when the Insurance of Benin football club played a game against the 3SC of Ibadan at the then Ogbe stadium.

It was indeed like a carnival. Speaking shortly after he was sworn in, Oshiomohle who was flanked by his wife Clara, promised to create between 5,000-10,000 jobs in the public works sector within the next few weeks to arrest the high rate of unemployment in the state which he described as unacceptable.

He also promised to provide free qualitative education for all, functional qualitative health care as well as tackling the twin problem of unemployment, insecurity and revival of sports in the state.

His words: “ this victory is not personal to me nor does it solely belong to the coalition of the Action Congress and Labour party. It really also belongs to the hardworking and determined people of Edo state and indeed all Nigerians. I express to you all today my grateful thanks from the depth of my heart. For the first time since 1999, the people of Edo state can rightly say that they rather than godfathers, have chosen their Governor.

“I assume the leadership of Edo state today, fully conscious of the urgent need to reconstruct our state, restore her to its past glory and regain her enviable status as the reference state of our country. We will proceed without delay to install a leadership and administration that will guarantee to every citizen of our state all the basic needs of human existence under a healthy, enduring and secure environment where all individuals and collective aspirations can flourish and be actualized.

We must realize that as important as today is, it only marks the beginning and not the end of a process. Monumental challenges lie ahead of us and we must galvanise our energies and intellect to meeting those challenges. At the fore front of these challenges are the need to rebuild our educational system, revamp infrastructure and create employment through the stimulation of production in both agriculture and industry”

“ It will not matter whatever your political persuations or religious belief may be , whether you are male or female, young or old, whether you are from Edo North, Central or South, every one will receive equal and fair treatment by our government.

We will revamp and restore our health institutions. The rot in our hospitals and the general decay in health center delivery over the past two decades or so have resulted in the untimely death of several of our beloved ones. This is unacceptable.No one should die of curable diseases on account of health status.

“The current level of insecurity in our state is a major source of capital flight and the inability to attract new capital.

The spate of crime and insecurity, however, is symptomatic of the failure of governance in the past. Many of our youths have been drawn into crime, not because they are innately criminals, but because they have been unable to secure self fulfilling means of livelihood. While we cannot justify criminality on the score, we need to understand the objective conditions breeding it if we want to effectively deal with it.

We must measure progress in terms of the number of new jobs created” he stated.
Comrade Oshiomhole extended hand of fellowship to the PDP dominated state

House of Assembly, saying that “ the principle of the separation of power is a fundamental ingredient of our presidential system. In seeking elective office into either the legislative or executive arm, we were all driven by a passion to serve our people and development to our state.

But a lot is being expected from the youngest Governor in the country particularly the challenges posed already by the former Governor, Professor Osunbor who had commenced work on the construction of roads and revamping the decayed infracstructures.

He had so far announced the appointments of three principal officers, the SSG, Chief of Staff and the Director of Public Affairs. Many are watching to experience the magic wands of the former NLC President.

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