By Clifford NDUJIHE & Demola AKINYEMI
After a long tortuous but worthwhile legal battle spanning 41 months and seven days, Dr. Kayode Fayemi, yesterday emerged as the governor of Ekiti State. He is to take over, immediately, from Engr. Segun Oni, who had held sway since May 29, 2007, according to an unanimous decision of the Appeal Court sitting in Ilorin, the Kwara State Capital.

Led Justice Ayo Salami, the five-man panel declared Fayemi, the Action Congress of Nigeria, ACN candidate in the April 2007 governorship election, as the duly elected governor of Ekiti State having won the majority of lawful votes.

With the verdict, Fayemi has been twice lucky at the Court of Appeal and twice unlucky at the Ekiti State Election Petition Tribunal. He has also joined the likes of Governors Peter Obi (Anambra), Rotimi Amaechi (Rivers), Olusegun Mimiko (Ondo) and Adams Oshiomhole (Edo), who mounted the governorship saddle via the law courts. The decision means that there will be no governorship election in Ekiti State in 2011 until Fayemi completes his term in 2014.

Uncertain atmosphere in court

Before the verdict,  the court premises was rowdy. Supporters of the ACN and PDP, who had arrived in Ilorin from Ekiti the previous day, had filled the Court. Security operatives kept the crowd at bay and allowed few people who came as early as 6a.m into the court and the premises. The rest were on the streets.

Signs of uncertainty on the faces of both camps were palpable until the end of the judgment when the news of the winner filtered as the judgement and any inkling to it was said to be kept deliberately in utmost secrecy.

Journalists also had a hectic time hearing the judgment from the bench clearly, as the mounted speakers which were said to be recently repaired for the purpose of the historic assignment started malfunctioning  at the commencement of the judgement, causing the staff to run helter-skelter until they resigned to fate and the audience strained their ears to hear the natural voice of the Justices.

The verdict
After nullifying elections results in Ido Osi and Efon Local Councils, Fayemi, polled 105,631 lawful votes as against 95,176 for Oni. The court ordered that ACN candidate be issued the certificate of rerun as the elected governor, while that of the former governor, Oni was immediately withdrawn.

The court ordered that Engr Segun Oni, who was first sworn in 2007 and re-sworn in 2009 after a re-run election immediately vacate the office for the duly elected candidate, Fayemi.

The court consequently set aside the  earlier majority judgment of the trial tribunal that  authenticated Segun Oni as been validly elected in the 2009 rerun and upheld  the minority judgment. It adopted the table of calculation computed by the minority decision of the tribunal on the lawful votes in the supplementary election and declared that by the combination of the lawful votes of 2007 and that of the 2009 supplementary election, the appellant led the respondent with 10, 555 votes.

The appellate court also declared Fayemi as the duly elected governor because he scored the highest number of votes and recorded 2/3 of the total votes in 1/3 of the Local Councils of the state to satisfy the provisions of the constitution and S.147 of the Electoral Act

Salami also ordered INEC to withdraw certificate of return it issued Oni in 2009 and issue Fayemi certificate of return as the duly elected governor.

Other Justices on the appeal namely: C..F. Ogunbiyi, O. Ariwoola, C.C. Nweze and Adamu Janro adopted the lead judgment.

According to Justice Salami,“Segun Oni was not validly elected as he did not get the majority of valid votes cast. Segun Oni’s election is hereby nullified. Dr Fayemi having won the majority of votes cast and having met the constitutional requirements and the provisions of the 2006 Electoral Act is hereby declared the winner of the elections.

Therefore the first appellant (Dr Fayemi) be given certificate of return as the elected governor of Ekiti State. The appellant had succeeded in all the four reliefs sought for in his notice dated and filed 25th April, 2010.’
Counsels react

Lead Counsel to the appellant, Mallam Yusuf Ali, SAN was not in court but one of the leading figures in the team of  counsels ,Adebayo Oba Adelodun, SAN  in an interview with Vanguard in the court said:’’ a Daniel has come to justice. It is  a landmark judgment, it further gives hope to development of democracy in the country. Justice may move slowly and steady but it is sure .Democracy is the winner. I feel fufilled as a counsel in the matter.’

Lead cousel to the respondent, Adebayo Adenipekun, SAN expressed the agreement of his his team with the ruling saying: “We have done our best. The judgment has come, there is nothing we can do, I will compel our client to comply with the judgement”

Chairman of the ACN in Ekiti state, Olajide Awe who led a large members of his party to the court hailed the judgment saying the wish of the electorate in the state had prevailed at last

According to him,“For the past four years in Ekiti, falsehood had been reigning but today, within about four hours truth has taken over in the state. It is a judgment of the people and judiciary has once again shown that it is the last hope of the common man.”

How it all began
With ‘Road Map to Development in Ekiti,’ as slogan Fayemi had approached the 2007 governorship polls with hope. But after the April 14 exercise, the Independent National Electoral Commission, INEC in Ekiti returned his opponent, Oni as the winner. Sure that he ought to be the winner, Fayemi on May 8, 2007, in a 50-page petition approached the Justice Bukar Bwala-led Election Petitions Tribunal in Ekiti for justice and to reclaim his mandate.

However, the tribunal turned down his petition and affirmed Oni’s victory. Dissatisfied, he headed for the Court of Appeal in Ilorin and got a judgment. The five-man panel led by Justice Mohammed Dattijo on February 14, 2009 nullified Oni’s election and ordered re-run polls in 63 wards in 10 Local Councils.

The re-run polls held on April 25, were marked by violence and could not be concluded, forcing the INEC to conclude the exercise on May 5, 2009. It was time for the results to be announced. After a series of dramatic events including disappearance of the Resident Electoral Commissioner, Mrs. Ayoka Adebayo on the grounds that some people wanted to force her to do things against her will, Oni was returned as winner with 111,140 votes as opposed to Fayemi’s 107,011 votes.

It was time to return to the courts. And Fayemi did so with despatch. The Tribunal had a hectic time handling the matter but in the end, with 3:2 verdict, Oni was once again returned as winner by the leader of the panel, Justice Hamma Barka and two others.

However, two members of the tribunal, Justices Abiodun Adebara and Obande Ogbuniyan disagreed. In a minority ruling. They nullified Oni’s victory, declared Fayemi as the winner and ordered the INEC to issue Fayermi with the certificate of return.

Thus, the stage was set for the appeal, which Fayemi won yesterday in a dramatic fashion.